THE  CHARTER 


OF  THE 


CITY  of  OAKLAND 


PREPARED  AND  PROPOSED  BY  THE 

BOARD  of  FREEHOLDERS 

ELECTED  JULY  6,  1910 


Tribune  o^^i^  Oakland 


THE  CHARTER 


OF  THE 


CITY  of  OAKLAND 


PREPARED  AND  PROPOSED  BY  THE 

BOARD  of  FREEHOLDERS 

ELECTED  JULY  6,  1910 


••  •  • •  • 


•  •  •  •  •  ,•  • 


^& 


TABLE  OF  CONTENTS 


ARTICLE   I    NAME,    ETC. 

ARTICLE   II    BOUNDARIES 

ARTICLE  III    ELECTIONS 

ARTICLE  IV    RECALL   OF  ELECTIVE    OFFICERS 

ARTICLE   V    ELECTIVE    OFFICERS 

ARTICLE  VI    THE   MAYOR 

ARTICLE  VII    EXECUTIVE  AND  ADMINISTRATIVE  DEPT& 

ARTICLE  VIII    THE    COUNCIL 

ARTICLE  IX POWERS  OF  CITY  AND  COUNCIIt 

ARTICLE  X    LIBRARY   DIRECTORS 

ARTICLE   XI     PLAYGROUND    DIRECTORS 

ARTICLE  XII    PARK    DIRECTORS 

ARTICLE  XIII    CIVIL   SERVICE 

ARTICLE  XIV    POLICE   DEPT. 

ARTICLE   XV    FIRE   DEPT. 

ARTICLE   XVI    , HEALTH   DEPT. 

ARTICLE  XVII    ELECTRICAL  DEPT. 

ARTICLE  XVIII    , FINANCE  AND  TAXATION* 

ARTICLE  XIX    PUBLIC  WORKS  AND   SUPPLIES 

ARTICLE   XX     FRANCHISES 

ARTICLE  XXI    THE  INITIATIVE 

ARTICLE   XXII     THE    REFERENDUM 

ARTICLE   XXIII    THE    PUBLIC   SCHQOLS 

ARTICLE  XXIV     MISCELLANEOUS 


298619 


INDEX  TO  CHARTER 


Section  Page 

Absence  of  elective  officer  may  cause  vacancy 13  17 

Accounting — Uniform    system    of 124  80 

Accountant  to  examine  City  Books 24  21 

Accommodations   for   Civil   Service   Board 71  57 

Advertising   Contracts    . 132  85 

Additional  Powers  for  Council ..(Subdivision   63)      51  48 

Affidavit  of  proposed  recall. (Sub.   6)7  12 

Alteration   of   provisions  by   cities   annexed 205  112 

Amendments   to   Charter 174  103 

Animals    (Sub.    22)      51  40 

Annexation — Liquor   question   in    205  112 

Apartment  Houses    (Sub.    28)51  41 

Appropriations — Only  one  to  be  in  an  Ordinance.  .  (Sub.  4)      46  30 

Unexpended     131  84 

Appeals  to  Civil  Service   Board 82  60 

Appointments   to    be   in   writing    204  111 

Apportionment  of  public  money  by  Auditor 122  78 

Art    Gallery    52,      55  48,    51 

Works    defined     68  56 

Assessor,  Auditor  is  ex-officio 8  15 

(See  also  Subs.   1-9,  Sec.   113,   p.   73,   74,  75.) 

Assistants  to  Chief  Officials — Council  to  provide 31  27 

Superintendent  of  Streets (Sub.   7)30  26 

Associated  Charities (Sub.   60)      51  47 

Auditor — Names  of  Candidates  on  Ballot (Sub.   17)        5  7 

Bx-officio    Tax    Assessor    122  78 

Duties   of 122  78 

To  recommend  uniform  system  of  Accounting 124  80 

To  indorse  Contracts    131  84 

Salary  of    19  19 

Audit — City  Officers  may  audit  accounts  of  parties  holding 

franchises,   etc 150  93 

■Automobiles  belonging  to  City  to  be  used  only    on    official 

business    85  61 

Ayes  and  Noes  on  Ordinances  and  Resolutions.  .  (Sub.     2)      46  30 

Balance    unexpended     131  84 

Weekly  of  Treasurer    (Sub.    3)      30  25 

Ballot — Arrangement   of  Officers  on (Sub.    17)        5  7 

Ballots — Form   of    (Sub.    14)        5  7 

Requirements  of    (Sub.    15)        5  7 

Blank  spaces  on    (Sub.    19)5  8 

Instructions  to  Voters    (Sub.    14)5  7 

Name  of  Candidate   on    (Sub.      2)5  2 

Recall (Sub.    10)        5  6 

Sample  to  be  printed  and  mailed  to  voters.  .  (Sub.   20)        5  8 

Ballot — Names  on  to   be  alphabetical.." (Sub.    15)        5  7 

To  have  space  for  cross  mark (Sub.    18)        5  8 

Bailiff  in   Police   Court 199  110  / 

Belt  Railway — City  may  acquire   (Sub.   6)      49  34  ) 

Bids — Requirements  for    126  80 

Penalty   for   Collusion    127  82' 


INDEX  TO  CHARTER.  3 

Section  Page 

Billboards  and   signs    (Snb.    21)      51  40 

Blank  Spaces  on  Ballots (Sub.  19)        5  8 

Board  of  Library  Directors — Appointment  and  removal  of .  .      53  48 

Organization   of    54  49 

Powers  and  Duties  of    54  49 

Charge  of  Funds 54  49 

Donations,   etc 54  49 

Appropriations  for 54  49 

To  Report  to  Council   55  51 

Real  estate  for  use  of 55  51 

Board  of  Park   Directors  control  Parks 63  54 

Appointment  and  removal 64  54 

General  powers  of 65  54 

Leases   by    66  55 

Gifts  for  use  of 67  56 

Art  works  to  be  approved  by 68  56 

Appropriations  for    69  56 

Secretary   to    keep   records 69  56 

Board   of  Equalization    117  76 

Board   of  Education — How   composed    8  16- 

Control   and  manage  schools    187  107 

Meetings  to  be  public 190  108 

Annual  estimate  of  expenses   194  109 

Bonds — Approval   of   official    Bonds 17  18 

Amount  of  official  bond 17  18 

Insufficiency  of    17  18 

Bonds  of  elective  officers 17  18 

Premium  to  be  paid  by  City 200  111 

City  may  issue (Subs.  14,   15)      49  35,   36 

Of  Playground  employes   58  52 

On  Contracts 128  82 

Of  Park  employes 65  54 

Of   Library    employes    54  49 

Books  of  City  to  be  examined 24  21 

Boundaries  of  City    " 3  1 

Boulevards    (Sub.    49)      51  45 

Budget — Annual   by  Council    116  76 

Building  Regulations (Sub.  11)      51  37 

Inspector    (Sub.    3)      29  23 

Candidacy — Conditions   of    (Sub.    2)5  2 

Declaration  of (Sub.  2)5  2 

Candidate — Name  on  ballot    (Subs.   2,    16)        5  2 

Withdrawal  of    (Sub.    10)        5  6 

Order  of  Names (Sub.   17)        5  7 

Space  for  additional   names (Sub.    19)5  8 

To  be  highest  two  on  nomination (Sub.  21)5  8 

In  case  of  tie (Sub.  21)5  8 

Candidates  receiving  equal  number  of  votes (Sub.  21)5  8 

Carriages    belonging    to    City    to    be    used    only    on     City 

business    85  61 

Cash   Basis  Fund    120  77 

Certificate  of  Freeholders 112 

Certificate — Individual  nomination    (Sub.    3)5  3 

Requirements  of (Sub.  4)5  4 


4  INDEX  TO  CHARTER. 

Section  Page 

Charter  amendments  may  be  on  ballot (Sub.  15)  5  7 

And  Ordinances  to  be  published 48  32 

Amendments    174  103 

When  effective 195  109 

Terms  of  Incumbents  on  adoption    197  110 

Existing  ordinances    under    198  110 

Charters  of  cities  that  may  be  annexed 205  112 

Charter  of  City  of  Oakland 18  19 

Chief   of  Police — Appointment    30  24 

Of  Fire  Dept. — Appointment (Sub.  6)  30  26 

Officials  named    30  24 

Council   prescribes   duties    of    (Sub.    1)  30  24 

May  remove  by  3  members (Sub.  1)  30  24 

Exempt  from  Civil  Service 80  59 

Officials — Duties     of     may     be     consolidated     by     four 

members  of  Council   (Sub.   1)  30  24 

If  not  appointed  by  Council,  to  be  confirmed  by  it.  .  . 

(Sub.  1)  30  24 

City  Attorney— Appointment  and  duties (Sub.   2)  30  24 

Not  to  dismiss  suits  unless  ordered  by  Council.  (Sub.  2)  30  24 

To  view  contracts (Sub.  2)  30  24 

Must    institute    suits   to    annul    franchises    25  21 

City  Clerk  to  furnish  forms  of  Nomination  Certificates.  .  .  . 

: (Sub.   4.)  5  4 

Clerk    (Sub.   4)  30  26 

Engineer (Sub.   5)  30  26 

Chemist    105  7: 

Officers — Compensation  of    32  2' 

City  of  Oakland — Name  of 1 

Perpetual  succession  for 1 

Immunities  of    2 

Powers  of    -     2 

Benefits   of    2 

Privileges  of   2 

Franchises  of   2 

Duties  of    2 

Obligations  of    2 

May  acquire  property  by  gift (Sub.  3)  49  33 

By  purchase,  etc (Sub.   4)  49  33 

May  maintain  public  buildings,  institutions,  etc.  (Sub.  5)  49  33 

May  construct  or  acquire  same (Sub.  5)  49  33 

May  construct  or  acquire  Belt  Railway (Sub.   6)  49  34 

Civil  Service  Board — Appointment   of    70  57 

Appointments  under   75  58 

To  be  certified  to  Auditor    79  59 

Appeals    to    82  60 

To  report  to  Council 83  61 

Council   may  confer  additional  rights  on 72  58 

Employes  not  to   be  active  politically 85  61 

City  vehicles  only  for  official  business 85  61 

Compensation  of 70  57 

Examinations  under    .  ., 74  53 

Promotions    77  59 

Persons   certified   to   be  appointed    78  59 


INDEX  TO  CHARTER.  5 

Civil  Service  Board — Cont'd.                                                            Section  Page 

To  certify  appointees  to  Auditor 79  59 

Penalty  for  violating:  provisions 86  61 

Removals   from    71  57 

Removals  and  suspensions 81  60 

To  have  clerk 71  57 

To   classify  service    72  58 

To   provide  eligible  list    72  58 

To  make  rules  for  distribution    73  58 

To  certify  three  times  number  to  be  appointed 76  59 

To  whom  service  applies 80  59 

Vacancy  in   Board    70  57 

Claims  on  School  Funds    193  109 

Clearing  Sidewalks (Sub.  18)  51  39 

Closed  or  abandoned  streets (Sub.   50)  51  45 

Collusion  by  City  Officers 136  86 

By  bidders  on   Contracts    127  82 

Commissioners — Office   Hours   of    42  30 

Salary  of   19  19 

Names  on  ballots (Sub.  17.)  5  7 

Numerical  designation  on  ballot 8  15 

Eligibility  of    10  16 

Absent  protected    47  32 

After  recall  not  to  be  appointed 35  28 

Office  hours    42  30 

Council  to  assign (Sub.  1)  28  22 

May  change  assignment (Sub.   2)  28  22 

To  hold  no  other  office   35  28 

Compensation  of  officers  and  employes 32  27 

Contempt   20  20 

Contracts — Advertising     132  85 

Auditor   to    indorse    131  84 

Countersigned  by  Auditor   125  80 

Failure  to  complete   128  82 

Interlineations  in    127  82 

Lighting    133  85 

Must  be  in  writing   125  80 

Penalty  for  collusion  in 127            ,  82 

Progressive    payments    129  83 

Proposals  for 126  80 

Public  work  and  supplies  by   130  84 

Sureties  on 128  82 

Sham  or  collusive  bids  on 126  80 

Officers  not  to  be  interested  in   36  28 

Supervised  by  City  Attorney 125  80 

To  be  in  name  of  City 125  80 

Printing  to  be  at  business  rates 152  94 

Water    134  85 

To  be  in  triplicate 128  82 

Conformity — Substantial    sufficient    in    elections.  ..  (Sub.    1)  6  9 

To  succeed  recalled  officer (Sub.  10)  7  13 

Consolidation  of  cities    205  112 

Constitution  of  United  States 18  19 

Of  State  of  California   18  19 

Corporation,  Municipal — Name,   rights,  duties,  etc 1,  2  1 


6  INDEX  TO  CHARTER. 

Section  Page 

Council — Ayes  and  Noes (Sub.  2)      46  30 

Powers  of  in  re  to: 

Animals (Sub.   22)      51  40 

Cruelty  to  animals (Sub.   23)      51  40 

Additional  powers    (Sub.    63)      51  48 

Business  licenses (Sub.  31)      51  41 

Billboards  and   signs    (boulevards) (Sub.   21)      51  40 

Building  regulations    (Subs.    11,    49)      51  37,   45 

Cleaning  sidewalks (Sub.  18)      51  39 

Dangerous  and   offensive   occupations (Sub.    25)      51  40 

Dairies (Sub.  27)      51  41 

Disagreeable  noises   (Sub.   25)      51  40 

Explosions    (Sub.   7)      51  37 

Engines  and  boilers (Sub.   9)51  37 

Elections   (Sub.    58)      51  47 

Fire  Limits   (Sub.   10)      51  37 

Escapes (Sub.  12)      51  38 

Protection    (Sub.   13)51  38 

Fees (Sub.  38)      51  42 

Food  Products — Inspection  of (Sub.  26)      51  41 

General  powers (Subs.   1-63)      51  36,   48 

Garbage (Sub.  30.)      51  41 

Gambling (Sub.   34)      51  42 

Inflammable  materials    (Sub.   8)51  37 

Improper  use  of  streets   (Sub.   16)      51  39 

Lodging  and  tenement  houses    (Sub.   28)      51  41 

Lease  of  City  lands (Sub.   41)      51  43 

Create  and  consolidate  offices   31  27 

Prescribe  duties  of  officers,   etc (Sub.    3)      28'  23 

Meetings  when  held 41  29 

To  be  public 43  30 

Regulate  initiative 176  103 

To  assign  Commissioners  to  departments (Sub.  1)      28  22 

To  prescribe  duties  of  officers  and  employees.  .  (Sub.  3)28  23 

May  cause  actions  to  annul  or  revoke  franchises,  etc..  .25  21 

Governing  body   39  29 

Officers  of 40  29 

Meetings,   regular    41  29 

Special    41  29 

Executive     .■ 41  29 

Three  affirmative  votes  necessary  to  pass  ordinance  or 

resolution    (Sub.  3)      46  30 

Nuisances (Sub.  3)51  37 

Ownership   of  public  utilities    (Sub.    62)      51  48 

Pawnbrokers,  junk  dealers,  etc (Sub.  59)      51  47 

Pipes,  size  and  location (Sub.  57)51  47 

President  and  Vice-President .      40  29 

Police  and  Fire  Depts (Sub,  5)      51  37 

Alarm  System   (Sub.   6)      51  37 

Purchase  under  execution    , (Sub.  42)      51  43 

Pound (Sub.  22)      51  40 

Preservation  of  health    (Sub.   24)      51  40 


INDEX  TO  CHARTER.  7 

Council — Continued.  Section  Page 

Public  vehicles   (Sub.   32)  51  42 

Shows    (Sub.   34)  51  42 

Order  and  decency (Sub.  35)  51  42 

Entertainments,  etc (Sub.  40  a-e)  51  43 

Charities (Sub.   60)  51  47 

Buildings    (Sub.    61)  51  48 

Powers  of    51  36,   48 

Poles  and  wires (Sub.  56)  51  47 

Quorum    44  30 

Rules  of  proceeding    45  30 

Rewards    (Sub.  4)  51  37 

Rates  of  public  utilities (Sub.  52)  51  45 

Referendum  by 179  104 

Regulation  for  referendum    186  107 

Safety  in  streets (Sub.  15.)  51  38 

Shade  trees    (Sub.    17)  51  39 

Sewers  and  other  connections (Subs.  19,  29)  51  39,   41 

Sale  of  useless  property   (Sub.  43)  51  43 

Streets,  general  regulations (Sub.  20)  51  40 

Grades    (Sub.   45)  51  43 

Work  on (Sub.  46)  51  43 

Openings    (Sub.   47)  51  44 

Streets,  excavation (Sub.  47)  51  44 

Lighting (Sub.  48)  51  45 

Closed  or  abandoned (Sub.   50)  51  45 

Railroads    (Sub.   53)  51  46 

To  be  kept  in  repair  by  railroads (Sub.  54)  51  46 

Spur  tracks (Sub.  55)  51  46 

To  be  governing  body 39  29 

Three  votes  on  ordinances  and  resolutions.  ...  (Sub.  3)  46  30 

Theaters  and  halls    (Sub.    14)  51  38 

Taxation   (Sub.   36)  51  42 

Taxes  erroneously  collected   (Sub.  37)  51  42 

Urgency  fund  for  Mayor    (Sub.   39)  51  42 

Violation  of  charter,  etc (Sub.  2)51  36 

Weights  and  measures (Sub.  33)  51  42 

Water  for  City  uses (Sub.  48)  51  45 

Trusts (Sub.  44)  51  43 

County (Sub.  1)  29  23 

Surveyor — Power  conferred  on  City  Engineer.  .(Sub.  5)  30  26 

Cross — Space  for  on  ballot   (Sub.   18)5  8 

Dairies (Sub.  27)  51  41 

Dangerous  occupations   (Sub.  25)  51  40 

Debts — Employees  must  pay  promptly 36%  28 

Deeds  to  be  filed  with  Clerk (Sub.  4)  30  26 

Demands  on  Treasury    122  78 

Department  Public  Affairs — Mayor (Sub.   1)  27  22 

Revenue  and  Finance (Sub.  2)  27  22 

Public  Health  and  Safety    (Sub.    3)  27  22 

Public  Works (Sub.  4)  27  22 

Streets (Sub.  5)  27  22 

Jurisdiction    of    (Subs.    1-5)  29  23,   24 

Deposits  for  Parks  in  Treasury   57  52 

For  Library  in  Treasury 54  49 


8  INDEX  TO  CHARTER. 

Section  Page 

Deputies'  Certificates (Sub.  4)7  11 

Deputies — Verification (Sub.  6)5  4 

Disagreeable  noises    (Sub.    25)      51  40 

Direct  Legislation  by  Electorate    50  36 

Duties   of  City    2  1 

Attention  to   by  employes 2  03  111 

Elected  Officers  not  to  solicit  employment 85  61 

Elected  at  Large    9  16 

Election — Mode  of  prescribed (Sub.   1)5  2 

Elections — Mode  of (Sub.    1)5  2 

Municipal    Sub.    58    of  Sees.    51,   and        4  47, .  2 

General Sub.  21  of  Sec.  5  and        4  8,   2 

Nominating Sub.  21  of  Sec.  5  and        4  8,   2 

Special Sub.  21  of  Sec.  5  and        4  8,    2 

Informalities  not  to  invalidate (Sub.   22)        5  9 

Of  City  Officers (Sub.   1)5  2 

Proclamation (Sub.  13)        5  6 

Council  to  canvass  returns (Sub.  1)6  9 

State  regulations  to  govern   ^ .  (Sub.   1)6  9 

Voting  machines  may  be  used (Sub.  2)6  9 

Elective   Officers — Who  are    8  15 

Salaries  of 19  19 

Elective  Offices — Vacancy  in,  filled   (Sub.  1-2)      12  17 

What  constitutes  vacancy  in 13  17 

Electrical    Department — Appointments (Article    XVII)    110  73 

Superintendent  confirmed  by  Council 110  73 

Superintendent    (Sub.    8)      30  27 

Leave  of  Absence  for  employees 110  73 

Civil    Service   applies    to    110  73 

Powers  and  duties  of 110  73 

Lighting  and  power  under    Ill  73 

Gas  testing  in   charge    of    Ill  73 

Inspector   (Sub.   3)      29  23 

Eligibility  of  Mayor,  Auditor  and  Commissioners 10  16 

School   Directors    11  16 

Under  Civil  Service    72  58 

Of   verification    deputies    (Sub.    6)        5  4 

Employees  must  pay  debts    BQV2  28 

Not  to  be  compelled  to  do  outside  work 37  28 

Certain  not  to  hold  other  public  employment 38  29 

Employment  Office — Municipal    (Sub.   3)29  23 

Engines  and  boilers    (Sub.    9)      51  37 

Equalization — Board   of    117  76 

Erroneously  collected   taxes    (Sub.    37)      51  42 

Estimates — Annual    required     114  75 

By  Commissioner   of  Revenue    115  75 

Executive — Mayor  chief  of  city   21  20 

Explosives    (Sub.    7)      51  37 

Fees  to   be  paid   into  Treasury    32  27 

Council   may   fix    (Sub.    38)      51  42 

Felony  of  officer  may  vacate  office    13  17 

Finance  and  Taxation    (Article  XVIII)    112   et  seq.  73   et  seq. 

Fines — Library 55  51 

Civil   Service    81  60 


INDEX  TO  CHARTER.  » 

Section  Page 

Fire — Protection  against    (Sub.    13)      51  38 

Department  organization    (Article  XV)      97  66 

Salaries     97  66 

Title  of  Chief    97  66 

Qualification  of  members    98  67 

Appointments  to    99  67 

Chief  confirmed  by  Council    99  67 

Duties   of    99  67 

Leaves  of  Absence    100  68 

Relief  and   Pension   Board    101  68 

May  retire  members 102  69 

Firemen  may  apply  to  be  retired 103  69 

Miscellaneous  provisions (Subs.   1-9)  104  69 

Limits    (Sub.   10)      51  37 

Escapes    (Sub.    12)      51  38 

Fiscal   Year    112  73 

Food — Inspection   of    106  71 

Free  Library  forever  free    55  51 

Property  vests  in  City   55  51 

General     52  48 

Franchises — Application  filed  with  Council (Sub.    1)  140  87 

Bids  for    (Sub.    3)  140  88 

Books  kept  by  holders  to  be  examined 150  93 

Of  record  and  reference  by  City 152  94 

Beginning  and  completion  of  work 142  90 

Competition  to  be  free (Sub.  5)  140  89 

City  may  acquire 145  91 

Consent  of  City  to  lease 148  92 

Council  may  impose  conditions   161  97 

Conditions  of  grant  to  be  published    142  90 

Deposit  on  applications  for    (Sub.    4)  140  89 

For  railroads   not  street    161^  97 

Good  will  not  to  be  valued    145  91 

Life  of  not  over  35  years    141  90 

Limitations  of  water  front    155  95 

Mail  carriers,   etc 144  91 

Not  in  use  to  be   forfeited    157  96 

Other  conditions  of  forfeit   154  95 

Not  to  be    renewed    before    two    years    prior    to    ter- 
mination     (Sub.    11)46  32 

Ordinances  not  to  be   passed  till   30  days    after    intro- 
duction     (Sub.    11)      46  32 

Percentages  of  gross  receipts    153  94 

Rates    under    144  91 

Reports  to  be  made  annually    151  93 

Service  and  privileges  under    143  90 

Switching  rights  under    156  96 

To  use  streets    (Subs.    1-3)  139  87 

To  be  in  plain  terms   158  96 

To  specify  streets  covered    159  97 

Freeholders'   certificate    112 

Free  Library (Article  X)    52   et  seq.        48   et  seq. 

Garbage    (Sub.   30)      51  41 

Gambling    (Sub.   34)      51  42 


10  INDEX  TO  CHARTER. 

Section  Page 

Gifts  and  Donations — City  may  receive   (Sub.   3)  49  33 

Gifts  to  Library   54  49 

To  Museum  and  Art  Gallery    54  49 

To  Playgrounds    60  53 

To    Parks    67  56 

Good  will  in  franchises   145  91 

Health  Officer's  appointment,  etc Sub.  6  of  Sec.  30  and  105       26   and   71 

Department  organization    (Article  XVI)  105  71 

Authority  of  Commissioner  and  Inspector 106  71 

Power    of   arrest    108  72 

Qualifications   of    107  72 

Inspector    (Sub.    3)  29  23 

Hours — Office   of  Commissioners    42  30 

Householders  to  report  diseases 109  72 

Illegal  permits,    etc 25  21 

Improper  use  of  streets   (Sub.   16)51  39 

Incompetency  may  vacate  office   13  17 

Incumbents  when   charter  adopted    197  110 

Inflammable  materials    (Sub.    8)  51  37 

Informalities  in  elections (Sub.  22)  5  9 

Initiative    (Article  XXI)    162   et  seq.        98   et  seq. 

Competing  and  conflicting    172  102 

Council  may  make  additional  regulations    176  103 

May  publish    167  101 

Elections  on    169,    170,  171  102 

Mandatory     173  103 

If  substantially  complies  with  charter   175  103 

Measures  to  be  mailed  to  voters 167  101 

People  may  employ 162  98 

Petition  for    , 162-  98 

Form  and  conditions    163  99 

Limitations    of    166  101 

Percentage  required  for   164,  165           100,   101 

Preliminaries  before  petition    162  98 

Proceedings  under  15   per  cent   164  100 

Under   5   per  cent   165  101 

Institutions — City  may  maintain (Sub.  5)  49  33 

Instructions  to  Voters   (Sub.    14)  5  7 

Insufficient  Certificate    (Sub.   4)7  11 

Intention  to  circulate  petition    (Sub.    6)7  12 

Joint  ownership  of  water  rights  by  city (Sub.   15)  49  35 

Judicial  power  of  City    199  110 

Junk  dealers (Sub.   41)  51  43 

Justification  for  officer  to  be  recalled (Subs.   6,    9)  7                12,   13 

Labor — Hours    of     135  86 

Law — Power  given  by  to  City  Engineer    (Sub.   5)30  2  6 

Leased  by  City    (Sub.   41)    51    (Sub.    12)  49       43   and   35 

Legislation — Direct   by  people    50  36 

Library  Directors (Article  X)  52  48 

License  Inspector    (Sub.    3)  29  23 

Licensing  business (Sub.   31)  51  41 

Licenses  on  telephones,  telegraph,   etc 160  97 

Light  and  water — City  may   provide (Sub.    48)  51  45 


INDEX  TO  CHARTER.  11 

Section  Page 

Light,   Heat,   Water  and  Power — City  may  provide  for  and 

acquire    (Sub.    8)      49  34 

Limitations  on  water  front  franchises    155  95 

Liquors — Spirituous,    malt,   vinous,    in   cities  annexed 205  112 

Local  laws   (Sub.   11)      51  37 

Lodging  houses   (Sub.   28)      51  41 

Lot — First  Commissioners  to  draw    15  17 

School  Directors  to   draw    16  18 

Market   and    food   inspection    105  71 

Mayor  Chief  Executive  of  City    21  20 

To  command  Police  Force 21  20 

Name  on   ballot    (Sub.    17)        5  7 

Term  of  office    14  17 

General   duties    21  20 

Pro   tempore    22  20 

Reports  of    23  21 

Council  may  impose  duties 25  21 

Public  affairs  under  charge  of    27  22 

To  have  City  books  examined    24  21 

To  supervise  public  utilities   25  21 

To  cause  actions  for  violations,  etc 25  21 

To  designate  Commissioners  if  Council  does  not  in  ten 

days    (Sub.    1)      28  22 

Urgency  fund  for  use  of (Sub.  39)      51  42 

Salary  of   19  19 

Miscellaneous  Provisions    (Article  XXIV)    195   et  seq.      109   et  seq. 

Money — Purposes   for   which   City  may   borrow.  .  (Sub.    15)      49  35 
Moneys    collected     by    City    officers    to    be   deposited     in 

Treasury     123  80 

Auditor  to  give  certificate  for 123  80 

May  be  borrowed  by  City (Subs.   14-15)      49  35,   36 

Municipal  Employment  Office (Sub.  3)      29  23 

Municipal  ownership   (Sub.   62)      51  48 

Municipalities — Other    (Sub.    1)29  23 

Museum — Under  control  of  Library  Board (Sub.  a)      54  50 

Gifts    for    54  49 

Property  of  to  vest  in  City  i 55  51 

Name  of  City 1  1 

Newspaper — Official    132  85 

Nomination  of  City  officers (Sub.  1)5  2 

Mode  of    (Sub.   1)5  2 

Petition,  form  of    (Sub.    3)5  3 

Individual  certificate    (Sub.   3)5  3 

Clerk  to  furnish    (Sub.  4)5  4 

Requirements  of (Sub.  5)5  4 

Nominee — No  name  of  to  be  omitted (Sub.  16)        5  7 

Non-performance  of  duty  under  recall (Sub.   8)7  13 

Nuisances (Sub.'  3)      51  37 

Oakland — Resident  of   10,      11  16 

Oath  of  office   18  19 

Administering 20  20 

Official   newspaper    132  85 


12  INDEX  TO  CHARTER. 

Section  Page 

Officers  and  employes  not  interested  in  contracts,  etc 36  28 

Not  to  be  employed  by  any  public  service  corporation.  .36  28 

Not  to  compel  employees  to  do  outside  work 37  28 

Not  to  hold  other  offices 38  29 

Deputyships,   etc.,  under  control  of  Council 31  27 

Elective    8  15 

Elected   at   large    9  16 

Eligibility  of 10,  11  16 

Not  to  solicit  employment  of    or    recommendation    by 

public  service  corporation,   etc 85  61 

Officer  to  be  recalled  to  have  affidavit (Sub.  6)7  12 

May  be  candidate  at  recall  election (Sub.   10)        7  13 

Opinions  of  City  Attorney  to  be  kept  on  file (Sub.  2)      30  24 

Ordinances  must  have  three  affirmative    votes    of    Council 

(Sub.  3)      46  30 

To  have  but  one  subject (Sub.  4)      46  30 

Procedure  in  passing (Sub.  6)      46  31 

To  be  printed   (Sub.   6)      46  31 

Appropriations  over  $500.00  to  be  by (Sub.   7)      46  31 

To  be  amended  only  by  ordinances (Sub.  10)      46  32 

Enacting  clause    (Sub.    5)      46  31 

Subject  of  title    (Sub.   4)      46  30 

Requirements  of (Sub.   6)      46  31 

Publishment  of (Sub.  6)      46  31 

By  electorate  to  be  amended  by  same 172  102 

For  $500.00   or  over    (Sub.   7)      46  31 

What  matters  to  be  by (Sub.  7)      46  31 

Reconsideration  of   (Sub.   8)      46  32 

Granting  franchises   (Sub.    11)      46  32 

Mayor  and  Clerk  to  sign  and  attest (Sub.  9)      46  32 

Record  of    (Sub.    12)      46  32 

To  be  classified -48  32 

To  be  codified 48  32 

Ovirnership  by  City  may  be  without  conveyance 147  92 

Park  Directors   (Article  XII)    63   et  seq.        54   et  seq. 

Pawnbrokers    (Sub.    59)      51  47 

Payments,   progressive   on   contracts 12  9  83 

Penalty   for  violation    of   Section    36 36  28 

(See  under  Civil  Service) 

Pension  for  superannuated   employes 33  27 

Percentage  for  recall,  original    (Sub.   2)7  9 

Subsequent    (Sub.    13)        7  15 

Petition  of  nomination — Time  to   present (Sub.   7)        5  4 

To  be  kept  in  book  form.. (Sub.   7)        5  4 

City  Clerk  to  examine    (Sub.    8)5  5 

Insufficiency    of     (Sub.     8)         5  5 

Additional (Sub.    8)5  5 

Signature    (Sub.    8)         5  5 

Withdrawal  of .  .^ Sub.   9  of  Sec.  5  and  Sub.   5  of        7         5   and   12 

City  Clerk  to  have  extra  help  on (Sub.   8)5  5 

Filing  of    (Sub.    11)        5  6 

Preservation   of   (Sub.    12)        5  6 

(See   initiative,    referendum,    recall.) 

Physicians    to    report    diseases 109  72 


INDEX  TO  CHARTER.  13 

Section  Page 

Pipes — Size  and  location  of   (Sub.  57)  51  47 

Playgrounds — Control    of     56  51 

Directors    of     57  52 

General   powers  of    58  52 

Rules  for  government  of 59  53 

Gifts  for  use  of   60  53 

Council   to  set  aside   lands   for    61  53 

To  make  appropriations  for   62  53 

Secretary   to    keep   records    62  53 

Plats,   surveys,   etc.,  in  custody  of  City  Engineer.  .  (Sub.   5)  30  26 

To  be  property   of  City    (Sub.   5)  30  26 

Poles  and  wires Sub.   5  of  Sec.  29  and  Sub.  56  of     51       24  and   47 

Police    Department — Organization     (Article    XIV)  87  61 

Chief   confirmed   by   Council    89  62 

Qualification  of  members    88  62 

Appointment   of   members    89  62 

Under  civil  service    89  62 

Titles   of   officers    90  62 

Salaries     91  63 

Leave  of  Absence    92  63 

Relief  and   Pension   Board    95  64 

Who   may   have    pensions    95  64 

•  Board   may  retire  men    94  64 

Miscellaneous    provisions     (Sub.     1-9)  96        64   et  seq. 

Coyrts     199  110 

Bailiff     199  110 

And  Fire  Alarm  system    (Sub.   6)51  37 

Departments    (Sub.    5)51  37 

Political  activity — City  employees  not  to   engage  in 85  61 

Clubs — City   employees   cannot  join 85  61 

Powers    of    City— General    (Subs.    1-15)  49        33   et  seq. 

Proclamation    of  election    (Sub.    13)  5  6 

Property — City  may  acquire    (Sub.   4)  49  33 

Rights   of  City  inalienable    137  86 

Preservation    of   health    (Sub.    24)  51  40 

Plumbing   Inspector    105  71 

Public  buildings Sub.  61  of  Sec.  51  and  Sub.   2      49       48  and  33 

Public  Utilities — City  may  lease    (Sub.    12)  49  35 

Products  of — City  may  sell    (Sub.   11)  49  35 

Utilities    supervised    by    Mayor    25  21 

Rates    (Sub.    51)  51  45 

Charities     (Sub.     60)  5^  V 

Entertainments    (Sub.    40)  ^1  43 

Order  and  decency   (Sub.   35)  51  42 

Shows (Sub.     34)  51  42 

Vehicles    (Sub.    32)  51  42 

Public  Schools (Article  XXIII)    187   et  seq.      107   et  seq. 

Public  work  and  supplies    (Article  XIX)    125  et  seq.        80   et  seq. 

Purchase  of  property   under  execution    (Sub.   42)  51  43 

Qualified    electors    defined    202  111 

Qualify — Failure  of  officers  to    13  17 

Quarries  under  Department  of  Streets (Sub.   5)  29  24 

Railroads  to  keep  streets  in  repair ( Sub.   54)51  46 


14  INDEX  TO  CHARTER. 

Section  Page 

Rates  to  be  uniform (Sub.   52)      51  45 

Under  public   utilities    146  92 

Reading-    rooms    55  51 

Recalled  officers  may   be     candidates     at     recall      election 

(Sub.    10)        7  13 

Recall   (Article  IV)   7  et  seq.  9  et  seq. 

Reasons  for    (Sub.    3)        7  10 

Grounds  of (Sub.   9)        7  13 

Ballots (Sub.    1)        7  9 

How   operative    (Sub.    11)        7  14 

Vacancy   under    (Sub.    12)        7  14 

Council  to  canvass  election  on (Sub.   12)        7  14 

Election   under;    time  of    (Sub.    7)        7  12 

Non-performance  of  duty  under    (Sub.    8)7  13 

Petition;    life  of    (Sub.    8)        7  13 

Statement  of  grounds  for    (Sub.   9)        7  13 

Officer's  justification (Sub.    9)        7  13 

Ballot  to  be   "yes"   and  "no"    (Sub.    10)        7  13 

Officer  to  be  recalled  may  be  on  ballot (Sub.  10)        7  13 

Other  nominees  on  ballot    (Sub.    10)        7  13 

Resignation  of  officer    (Sub.    10)        7  13 

By  majority (Sub.   11)        7  14 

Vacancy,  how  filled (Sub.  12)        7  14 

Second  election  on        (Sub.   12)        7  14 

Choice  by  lot  if  no   election (Sub.   12)        7  14 

30  per  cent  required  for  subsequent  recall.  ..  (Sub.   13)        7  15 

Serve  six  months  before  recall (Sub.    14)        7  15 

Recalled  officer  not  to  be  appointed (Sub.  15)        7  15 

Council   may  further  regulate    (Sub.    16)        7  15 

Of   elective   officers    ....(Sub.     1)        7  9 

Petition  for    (Sub.   2)7  9 

Addressed  to  Council    (Sub.   2)7  9 

Form  of .  .  (Sub.   3)        7  10 

Filing  and  examination    (Sub.   4)        7  11 

Withdrawal  of  signature    (Sub.    5)7  12 

Intention   to  circulate  petition    (Sub.    6)7  12 

Officer  to  be  recalled  may  answer (Sub.   6)7  12 

Reconsideration — Week  must  elapse  before (Sub.   8)      46  32 

Referendum    (Article  XXII)    177  et  s,eq.      103   et  seq. 

Measure  to  be  mailed  to  voters 167  101 

Council   may    publish    167  101 

Election    mandatory    173  103 

When  must  be   had    177  103 

60   days   allowed   for  in   ordinances    178  104 

By   Council    179  104 

Preliminaries  before  petition    180  104 

Petition    regulations    181  105 

Arguments  may   be  mailed    182  106 

Not  at  City  cost    182  106 

Election — Time  of 183  106 

How   conducted 184  107 

Majority  vote  required    in    185  107 

Council  may  add  regulations   186  107 

Removals  for  cause  under  civil  service 81  60 

Under   Section    36    36  28 

For    non-payment    of    debts    SQV2  28 

Repeal  of  Ordinances  passed  by  people  to  be  only  by  people   172  102 
Reports  to  be  made  by  Council,  Auditor,  Treasurer,  Chief  of 
Police,   Chief  of  Fire  Dept.,    Board  of    Library    Direc- 
tors, Board  of  Park  Directors,  Board  of  Playground  Di- 
rectors, Health   Officer,  and  all  other  officers,   officials 

and    boards    34  28 

Of  Officers  and   Boards    34  28 

To  be  filed  with  City  Clerk    34  28 

Residence — Loss  of  may   vacate  office    13  17 

Resident  of  Oakland    Sees.  10  and  11  and  Sub.  2  of     30        16   and  24 


INDEX  TO  CHARTER.  15 

Section  Page 
Resolutions   must   have  three  affirmative  votes  of  Council 

(Sub.    3)      46  30 

Appropriations  less  than  $500.00  may  be  made  by  with 

four  affirmative  votes    (Sub.    7)      46  31 

Council  may  act  by   (Sub.   1)      46  30 

Rewards    (Sub.  4)      51  37 

Rights,   etc..   of  City   2  1 

Certain   inalienable    137  86 

'Safety  in  theaters  and  halls    (Sub.   14)      51  38 

In  streets   (Sub.   15)      51  38 

Salaries  of  elective  officers 19  19 

Sales  by  City    (Sub.    11)      49  35 

Sale  of  Useless  Property    (Sub.   43)      51  43 

Sample  ballots    (Sub.    20)        5  8 

Schools — Public    (Article  XXIII)    187   et  seq.      107   et  seq. 

Buildings  planned  by  Commissioner  of  Public  Works.  .    189  108 

Approved   by  Board   of  Education 189  108 

Construction  supervised  by  Commissioner  of  Public 

Works    189  108 

Superintendent  appointed  by  Board  of  Education 191  108 

Compensation    fixed    by    Board 191  108 

Teachers'   tenure  of  office 192  108 

Warrants   signed   by   President   and   Secretary  and   ap- 
proved by  Auditor   193  109 

Directors  numerical  on  ballot    8  15 

Eligibility    of    11  16 

Directors — Compensation  of    19  19 

Taxation    for     119  77 

Seal  of  City  corporate    (Sub.    1)      49  33 

Second   election   general    4  2 

Shade  trees (Sub.   17)      51  39 

Sewer  connections    (Subs.    29,    19)      51        41  and   39 

Space  for   cross  marks  on  ballot (Sub.    18)        5  8 

State  law  to  govern  elections (Sub.  1)6  9 

To  govern  in  case  of  contempt 20  20 

State  of  California    3,    10,      38  1,   16,   29 

States  other  than  California    Sec.   38  and   Sub.   1  of     29        29  and   23 

Streets  not  to  be  used  except  under  franchise 138  86 

Conditions  of  franchise    138  86 

To   be   sprinkled,   etc.,   under  franchise 149  92 

Cars,   etc.,   to  be  licensed    160  97 

Superintendent   appointed   by   Commissioner   of   Streets 

(Sub.    7)      30  26 

Defined    201  111 

Safety   in    (Sub.    15)      51  38 

Improper  use  of (Sub.   16)      51  39 

Grades    (Sub.    45)      51  43 

Work  on    (Sub.   46)      51  43 

Opening    (Sub.    47)      51  44 

Excavation    (Sub.    47)      51  44 

Closed  or  abandoned    (Sub.    50)      51  45 

Railroads    (Sub.   53)      51  46 

Spur  Tracks   (Sub.   55)      51  46 

Subpoenas     : 20  20 

Superintendent  of  Streets (Sub.  7)      30  26 

Suits  for  or  against  City   (Sub.    2)      49  33 

Superannuated   employees    33  27 

Sureties  on   bonds    128,      17        82  and   18 

Suspension   under  Civil  Service    81  60 

Supplies   (See  Contracts,  etc.) (Article  XIX)    125   et  seq.        80   et  seq. 

Switching   rights    156  96 


16  INDEX  TO  CHARTER. 

Section  Page 

Tax  Collector    (Sub.    3)      30  25 

Tax   system    (Sub.    1-9)    113        73   et  seq. 

Levy    118  76 

Liens    121  78 

Taxation  for  schools 119  77 

General (Sub.    36)      51  42 

Taxes  erroneously  collected    (Sub.    37)      51  42 

Terms  of  Mayor,   Auditor,   Commissioners 14  17 

School    Directors    16  18* 

Commencement     16%  18 

Telephone,  telegraph,   etc (Sub.   10)      49  35 

May  be  licensed    160  97 

Tenement  houses (Sub.   28)      51  41 

Tie  vote    (Sub.    21)        5  8 

Title  of  Ordinances   (Sub.   4)      46  30 

Transportation  Companies  may  acquire   (Sub.  10)49  35 

Treasurer  and  Tax  Collector (Sub.  3)      30  25 

Treasurer  to  receive  all  moneys (Sub.  3)30  25 

To  pay  out  only  on  audit (Sub.   3)      30  25 

Trusts    (Sub.    44)      51  43 

Tunnels  and  conduits   (Sub.   9)49  35 

Utilities — Public  supervised  by  Mayor   25  21 

Rates  on    146  92 

Referendum   on    177  103 

Uniform   system   of  accounting    124  80 

United  States Sees.  10,  11,  Sub.  1  of  29,  Sub.  2  of  30  and     38    16,  23,  24,  29 

Urgency  Fund  of  Mayor    (Sub.    39)      51  42 

Vacancy  in  elective  offices  filled (Sub.   1-2)      12  17 

What    constitutes    13  17 

Vehicle  belonging  to  City  to  be  used  only  on  official  business     85  61 

Verification   Deputies    (Sub.    6)5  4 

Verify — Signers  of  certificates  must (Sub.   5)5  4 

Void   or  voidable  permits,    etc 2*5  21 

Voting  machines    (Sub.    2)6  9 

Warrants  unpaid  for  three  years   122  78 

On  school   funds    193  109 

Waterfront — City  may  develop   (Sub.  7)      49  34 

Water,  etc.,  under  City  rights    (Sub.  8)      49  34 

Water  Supply — City  may  join  in  ownership (Sub.  13)      49  35 

Weekly  balance  of  Treasurer   17  18 

Weights  and  Measures   (Sub.   33)      51  42 

Wharves — City  may  build (Sub.   7)      49  34 

Withdrawal  of  candidate   (Sub.   10)        5  6 

Of  signature  to  certificate. Sub.  9  of  Sec.  5  and  Sub.  5  of     7  5   and   12 

Works  of  art  defined    68  56 

Outdoor  approved   by  Park  Directors 6  8  56 


CHARTER 

OF  THE 

City  of  Oaklana 


ARTICLE  I. 

NAME  AND  RIGHTS  IN  SUCCESSION  OF  THE  CITY. 

Name  of  the  City. 

Section  1.  The  municipal  corporation  now  existing  and 
known  as  the  City  of  Oakland  shall  remain  and  continue  a 
body  politic  and  corporate  in  name  and  in  fact  by  the  name 
of  the  City  of  Oakland,  and  by  such  name  shall  have  per- 
petual succession. 

Rights  and  Liabilities  in  Succession. 

Sec.  2.  The  City  of  Oakland  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers,  benefits,  privileges 
and  franchises  now  possessed,  enjoyed,  owned  or  held  by  it; 
and  shall  be  subject  to  all  the  duties  and  obligations  now 
pertaining  to  or  incumbent  on  said  City  as  a  corporation, 
not  inconsistent  with  the  provisions  of  this  Charter. 

ARTICLE  II. 

BOUNDARIES. 

Sec.  3.  The  boundaries  of  the  City  of  Oakland  shall  be 
as  now  fixed  and  established.  The  area  contained  within 
said  boundaries  is  as  follows,  to-wit: 

1st.  All  of  Oakland  Township  in  the  County  of  Alameda, 
State  of  California,  exclusive  of  the  following  portions 
thereof:  Such  portions  of  said  township  as  lie  within  the 
corporate  limits  of  the  City  of  Alameda,  the  City  of  Berke- 
ley, the  Town  of  Emeryville,  the  City  of  Piedmont,  and  the 
City  of  Albany ;  also  exclusive  of  such  portion  of  said  town- 
ship as  lies  northerly  of  the  northern  boundary  line  of  the 
aforesaid  City  of  Berkeley. 

2d.  All  of  Brooklyn  Township  in  the  County  of  Ala- 
meda, State  of  California,  exclusive  of  the  following  por- 
tions thereof :  Such  portions  of  said  township  as  lie  within 
the  corporate  limits  of  the  City  of  Alameda,  the  City  of 
San  Leandro,  and  the  City  of  Piedmont;  also  exclusive  of 
such  portion  of  said  township  as  lies  northeasterly  of  the 
northeastern  boundary  line  of  that  portion  of  the  Rancho 


of  San  Antonio  as  has  been  heretofore  granted  by  the 
United  States  of  America  to  Antonio  Maria  Peralta,  by  pat- 
ent bearing  date  of  June  25th,  1874,  and  recorded  Septem- 
ber 15th,  1874,  in  Liber  A  of  Patents,  page  648,  records  of 
Alameda  County;  also  exclusive  of  such  portion  of  said 
township  as  lies  easterly  and  northeasterly  of  the  eastern 
and  northeastern  boundary  lines  of  that  portion  of  said 
Rancho  of  San  Antonio  as  has  been  heretofore  granted  by 
the  United  States  of  America  to  Ygnacio  Peralta  by  patent 
bearing  date  of  February  3rd,  1858,  and  recorded  April  5th, 
1858,  in  Liber  A  of  Patents,  page  52,  records  of  said  Ala- 
meda County. 

ARTICLE  III. 

ELECTIONS. 

General,  Special  and  Nominating  Elections. 

Sec.  4.  A  municipal  election  shall  be  held  on  the  third 
Tuesday  in  April,  in  the  year  1911,  and  on  the  third  Tues- 
day in  April,  in  the  year  1913,  and  on  the  third  Tuesday  in 
April,  in  every  second  year  thereafter,  and  shall  be  known 
as  the  Nominating  Municipal  Election.  A  second  election 
to  fill  the  offices  for  which  candidates  have  been  chosen  at 
the  Nominating  Municipal  Election  shall  be  held  on  the 
third  Tuesday  after  said  Nominating  Municipal  Election 
and  shall  be  known  as  the  General  Municipal  Election. 

All  other  municipal  elections  that  may  be  held  by  author- 
ity of  this  Charter  or  otherwise  shall  be  known  as  Special 
Municipal  Elections. 

Nomination  and  Election  of  City  Officers. 

Sec.  5.  (1)  The  mode  of  nomination  and  election  of  all 
elective  officers  of  the  City  to  be  voted  for  at  any  municipal 
election  shall  be  as  follows  and  not  otherwise. 

Condition  of  Candidacy. 

(2)  The  candidate,  not  later  than  the  first  presentation 
to  the  City  Clerk  of  his  petition  of  nomination,  as  in  this 
Article  set  forth,  and  not  earlier  than  thirty  (30)  days 
before  such  presentation,  shall  file  with  the  City  Clerk  a 
declaration  of  his  candidacy,  in  the  following  form: 

DECLARATION  OF  CANDIDACY. 

I, ,  residing  at  No Street,  Oakland, 

Cal.,  being  duly  sworn,  hereby  declare  myself  a  candidate 

for  the  office  of ,  to  be  voted  for  at  the 

Municipal  Election  to  be  held  in  the  City  of  Oakland,  on 

the day  of ,  19 

(Signed) 


^■} 


state  of  California, 
County  of  Alameda,  )-  ss. 
City  of  Oakland. 

Subscribed  and  sworn  to  before  me  this 
day  of ,19 


City  Clerk  (or  Notary  Public.) 

The  name  of  a  candidate  shall  be  printed  upon  the  ballot 
when  a  declaration  of  candidacy  and  a  petition  of  nomina- 
tion shall  have  been  filed  in  his  behalf  in  the  manner  and 
form  and  under  the  conditions  in  this  Article  set  forth, 
such  candidate  not  having  withdrawn  under  the  provisions 
of  this  Article. 

Form  of  Nominating  Petition. 

(3)  The  petition  of  nomination  shall  consist  of  not  less 
than  fifty  (50)  nor  more  than  two  hundred  and  fifty  (250) 
individual  certificates,  which  shall  read  substantially  as 
follows : 

PETITION  OF  NOMINATION. 
(Individual  Certificate.) 

No .■ 

I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  peti- 
tion for  the  nomination  of whose  residence  is 

at  No ' Street,  Oakland,  for  the  office  of 

to  be  voted  for  at  the  Nominating 

Municipal  Election  to  be  held  in  the  City  of  Oakland  on  the 

day  of 19 .... ;  that  I  believe  said 

is  fully  qualified  for  said  office  and  should 

be  elected  thereto ;  and  I  further  certify  that  I  am  a  quali- 
fied elector  and  am  not  at  this  time  a  signer  of  any  other 
petition  nominating   any   other   candidate    for   the   above 

named  office ;  that  my  residence  is  at  No Street, 

between Street  and Street,   Oakland, 

and  that  my  occupation  is 

(Signed) 

State  of  California,    ) 
County  of  Alameda,  >    ss. 
City  of  Oakland.         ) 

being  duly  sworn,  deposes  and  says  that 

he  is  the  person  who  signed  the  foregoing  certificate  and 
that  the  statements  therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day 

of ,19.... 

Notary  Public  (or  Verification  Deputy.) 


The  petition  of  nomination  of  which  this  certificate  forms 

a  part  shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Oakland,  Cal. 

Forms  To  Be  Supplied  by  the  City  Clerk. 

(4)  It  shall  be  the  duty  of  the  City  Clerk  to  furnish 
upon  application  a  reasonable  number  of  forms  of  individual 
certificates  of  the  above  character. 

Requirements  of  Certificate. 

(5)  Each  certificate  must  be  a  separate  paper.  All  cer- 
tificates must  be  of  a  uniform  size  as  determined  by  the 
City  Clerk.  Each  certificate  must  contain  the  name  of  one 
signer  thereto  and  no  more.  Each  certificate  must  contain 
the  name  of  one  candidate  and  no  more.  Each  signer 
must  be  a  qualified  elector,  and  must  not  at  the  time  of 
signing  a  certificate  have  signed  his  name  to  any  other  cer- 
tificate for  any  other  candidate  for  the  same  office.  In  case 
an  elector  has  signed  two  or  more  conflicting  certificates, 
all  except  the  one  first  presented  shall  be  rejected.  Each 
signer  must  verify  his  certificate  and  make  oath  that  the 
same  is  true,  before  a  notary  public  or  a  verification  deputy, 
as  provided  for  in  this  section.  Each  certificate  shall  fur- 
ther contain  the  name  and  address  of  the  person  to  whom 
the  petition  is  to  be  returned  in  case  said  petition  is  found 
insufficient. 

Eligibility  of  Verification  Deputies. 

(6)  All  verification  deputies  under  this  Charter  shall 
be  qualified  electors  of  the  City  of  Oakland.  They  shall  be 
appointed  by  the  City  Clerk  upon  written  application  of  not 
less  than  five  (5)  nor  more  than  ten  (10)  qualified  electors 
of  the  City  of  Oakland.  The  said  application  shall  set  forth 
that  the  signers  desire  the  appointment  of  the  person 
whose  name  and  address  is  given  therein  to  be  a  verification 
deputy  for  the  purpose  of  taking  the  oaths  of  signers  of 
certificates  in  the  matter  of Such  verifica- 
tion deputies  need  not  use  a  seal,  and  shall  not  have  power 
to  administer  oaths  for  any  purpose  other  than  that  for 
which  they  are  appointed.  Their  appointment  shall  continue 
only  for  ninety  (90)  days  from  the  date  of  said  appoint- 
ment, j!^  verification  deputy  shall,  be  paid,  in  whole  or  in 
part,  directly  or  indirectly,  out  of  the  City  Treasury.  All 
verification  deputies  must,  before  their  appointment,  make 
and  file  with  the  City  Clerk  an  oath  as  to  their  ages,  places 
of  residence,  occupation  and  whether  or  not  they  are  quali- 
fied electors  of  the  City  of  Oakland,  California. 

Date  of  Presenting  Petition  and  Form  Thereof. 

(7)  A  petition  of  nomination,  consisting  of  not  less  than 


fifty  (50)  nor  more  than  two  hundred  and  fifty  (250)  in- 
dividual certificates  for  any  one  candidate,  may  be  pre- 
sented to  the  City  Clerk  not  earlier  than  fifty  days  nor  later 
than  forty  days  before  the  election.  The  Clerk  shall  en- 
dorse thereon  the  day,  hour  and  minute  upon  which  the  peti- 
tion was  presented  to  him. 

The  certificates  constituting  such  petition  before  being 
presented  to  the  City  Clerk  shall  be  fastened  together  in 
book  form  by  placing  the  sheets  in  a  pile  arranged  in  al- 
phabetical order  according  to  surnames  and  fastening  them 
together  at  one  edge  in  a  secure  and  suitable  manner,  and 
the  certificates  shall  then  be  numbered  consecutively. 

Examination  of  Petitions  by  City  Clerk. 

(8)  When  a  petition  of  nomination  is  presented  for  fil- 
ing to  the  City  Clerk  he  shall  forthwith  examine  the  same 
and  ascertain  whether  it  conforms  to  the  provisions  of  this 
Charter.  Within  seven,  days  after  its  presentation  he  must 
finally  determine  whether  or  not  it  so  conforms  and  shall 
forthwith  attach  to  said  petition  his  certificate  showing 
the  result  of  said  examination  and  forthwith  send  by  reg- 
istered mail  a  copy  of  said  certificate  to  the  person  named 
as  the  person  to  whom  the  petition  shall  be  returned  in 
accordance  with  this  section.  If  the  petition  be  found  not 
to  conform  to  the  provisions  of  this  Charter  such  cer- 
tificate of  the  City  Clerk  shall  designate  as  to  the  petition 
and  as  to  each  individual  nomination  certificate  found  to  be 
defective,  the  defect  therein.  If  by  the  said  certificate  of 
the  City  Clerk  the  petition  is  shown  to  be  insufficient  it 
may  be  amended  by  the  presentation  of  an  additional  nom- 
inating petition  containing  additional  nominating  certifi- 
cates not  later  than  twenty-five  days  before  the  date  of 
the  Nominating  Municipal  Election.  The  City  Clerk  shall 
within  five  days  after  the  presentation  of  such  additional 
nominating  petition  make  like  examination  and  determina- 
tion of  the  amended  petition,  and  attach  to  it  a  like  cer- 
tificate and  mail  a  copy  as  aforesaid,  and  if  his  certificate 
shall  show  the  amended  petition  to  be  insufficient,  or  if  no 
additional  nominating  petition  shall  have  been  presented, 
the  petition  shall  be  returned  to  the  person  named  as  the 
person  to  whom  the  petition  is  to  be  returned.  If  necessary, 
the  Council  shall  provide  extra  help  to  enable  the  City 
Clerk  to  perform  his  duties  under  any  election  provision  of 
this  Charter. 

Withdrawal  of  Signature. 

(9)  Any  signer  to  a  certificate  forming  part  of  a  petition 
of  nomination  may  withdraw  his  name  from  the  same  by 


filing  with  the  City  Clerk  a  verified  revocation  of  his  sig- 
nature before  the  presentation  of  the  petition  to  the  City 
Clerk,  and  not  otherwise.  He  shall  then  be  at  liberty  to 
sign  a  petition  for  another  candidate  for  the  same  office. 

Withdrawal  of  Candidate  for  Nomination. 

(10)  Any  person  who  has  filed  his  declaration  of  can- 
didacy as  in  this  Article  provided  may,  not  later  than  thirty 
(30)   days  before  the  day  of    the    Nominating    Municipal 

Election,  cause  his  name  to  be  withdrawn  from  nomination 
by  fihng  with  the  City  Clerk  an  affidavit  stating  that  he  so 
withdraws,  and  no  name  so  withdrawn  shall  be  printed 
upon  the  ballot.  If  upon  such  withdrawal  the  number  of 
candidates  remaining  does  not  exceed  the  number  to  be 
elected,  then  other  nominations  may  be  made  by  present- 
ing petitions  therefor  not  later  than  twenty-five  (25)  days 
prior  to  such  election. 

Filing  of  Petitions. 

(11)  If  either  the  original  or  the  amended  petition  of 
nomination  be  found  to  conform  to  the  provisions  of  this 
Article,  the  City  Clerk  shall  file  the  same  not  later  than 
twenjty-days  before  the  date  of  the  election.  When  a  peti- 
tion of  nomination  shall  have  been  filed  by  the  City  Clerk 
it  shall  not  be  withdrawn  nor  added  to  and  no  signature 
shall  be  revoked  thereafter. 

Preservation  of  Petitions. 

(12)  The  City  Clerk  shall  preserve  in  his  .office  for  a 
period  of  one  year  all  petitions  of  nomination  and  all  cer- 
tificates belonging  thereto  filed  under  this  section. 

Election  Proclamation. 

(13)  Immediately  after  such  petitions  are  filed,  the  City 
Clerk  shall  enter  the  names  of  the  candidates  in  a  list, 
with  the  offices  to  be  filled,  and  shall,  not  later  than  twenty 
days  before  the  Nominating  Municipal  Election,  certify 
such  list  as  being  the  list  of  candidates  nominated  as  re- 
quired by  the  Charter  of  the  City  of  Oakland,  and  the 
Council  shall  cause  said  certified  Ijst  of  names  and  the 
offices  to  be  filled,  designated  whether  for  a  full  term  or 
unexpired  term,  to  be  published  in  the  proclamation  calling 
the  election  for  three  successive  days  commencing  seven 
days  immediately  preceding  the  election,  in  the  official  news- 
paper. Said  proclamation  shall  conform  in  all  respects  to 
the  general  State  law  governing  the  conduct  of  municipal 
elections,  now  or  hereafter  in  force,  except  as  above  re- 
quired. 


Form  of  Ballots. 

(14)  The  City  Clerk  shall  cause  the  ballots  to  be  print- 
ed and  bound  and  numbered  as  provided  for  by  the  State 
law  except  as  otherwise  required  in  this  Charter.  The  bal- 
lots shall  contain  the  list  of  names  and  the  respective  of- 
fices, as  published  in  the  proclamation  and  shall  be  in  sub- 
stantially the  following  form : 

GENERAL       (OR      NOMINATING)       (OR      SPECIAL) 
MUNICIPAL  ELECTION,  CITY  OF  OAKLAND. 

(Inserting  date  thereof.) 

INSTRUCTIONS  TO  VOTERS:  To  vote,  stamp  or 
WTite  a  cross  (X)  opposite  the  name  of  the  candidate  for 
whom  you  desire  to  vote.  All  marks  otherwise  made  are 
forbidden.  All  distinguishing  marks  are  forbidden  and 
make  the  ballot  void.  If  you  wrongly  mark,  tear  or  de- 
face this  ballot,  return  it  to  the  Inspector  of  Election,  and 
obtain  another. 

Requirements  of  Ballot. 

(15)  All  ballots  shall  be  printed  on  precisely  the  same 
size,  quality  and  tint  of  paper,  with  precisely  the  same  kind 
of  type  and  color  of  ink,  so  that  without  the  number  it 
would  be  impossible  to  distinguish  one  ballot  from  another; 
and  the  names  of  all  candidates  printed  upon  the  ballot 
shall  be  in  type  of  the  same  size  and  style.  A  column  may 
be  provided  on  the  ballot  for  charter  amendments  or  other 
questions  to  be  voted  upon  at  the  municipal  elections,  as 
provided  for  under  this  Charter.  The  names  of  the  can- 
didates for  each  office  shall  be  arranged  in  alphabetical  or- 
der by  surnames,  and  nothing  on  the  ballot  shall  be  in- 
dicative of  the  source  of  the  candidacy  or  of  the  support  of 
any  candidate.  All  ballots  used  at  any  election  under  this 
charter  shall,  as  to  indistinguishability,  conform  to  the  pro- 
visions of  this  subdivision. 

Every  Nominee  to  Be  on  Ballot. 

(16)  The  name  of  no  candidate  who  has  been  duly  and 
regularly  nominated,  and  who  has  not  withdrawn  his  name 
as  herein  provided,  shall  be  omitted  from  the  ballot. 

Arrangement  of  Offices  on  Ballot. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  sep- 
arate columns  in  the  following  order: 

For  Mayor  (if  any)  vote  for  one. 

For  Auditor,  who  shall  be  ex-officio  Assessor  (if  any) 
vote  for  one. 


For  Commissioner  No,  1  (if  any)  vote  for  one. 
For  Commissioner  No.  2  (if  any)  vote  for  one. 
For  Commissioner  No.  3  (if  any)  vote  for  one. 
For  Commissioner  No.  4  (if  any)  vote  for  one. 
For  School  Director  No.  1  (if  any)  vote  for  one. 
For  School  Director  No.  2  (if  any)  vote  for  one. 
For  School  Director  No.  3  (if  any)  vote  for  one. 
For  School  Director  No.  4  (if  any)  vote  for  one. 
For  School  Director  No.  5  (if  any)  vote  for  one. 
For  School  Director  No.  6  (if  any)  vote  for  one. 

Space  for  Voting  Cross. 

(18)  A  half -inch  square  shall  be  provided  at  the  right 
of  the  name  of  each  candidate  wherein  to  mark  the  cross. 

Blank  Spaces  for  Additional  Candidates. 

(19)  A  half  inch  space  shall  be  left  below  the  printed 
names  of  candidates  for  each  office  to  be  voted  for,  wherein 
the  voter  may  write  the  name  of  any  person  for  whom 
he  may  wish  to  vote. 

Sample  Ballots. 

(20)  The  Clerk  shall  cause  to  be  printed  sample  ballots 
identical,  except  as  to  character  of  paper,  with  the  ballot  to 
be  used  at  the  election  and  shall  furnish  copies  of  the  same 
on  application  to  registered  voters  at  his  office  at  least  five 
days  before  the  date  fixed  for  such  election,  and  shall  mail 
one  such  ballot  to  each  voter  entitled  to  vote  at  such  elec- 
tion, so  that  all  of  said  sample  ballots  shall  have  been 
mailed  at  least  five  whole  days  before  said  election. 

General  Municipal  Election. 

(21)  The  two  candidates  receiving  the  highest  number 
of  votes  for  any  given  office  at  the  Nominating  Municipal 
Election  shall  be  the  candidates,  and  the  only  candidates 
for  such  office  whose  names  shall  be  printed  upon  the  bal- 
lots to  be  used  at  the  General  Municipal  Election  or  Special 
Municipal  Election,  provided,  that  if  there  be  any  person 
who,  under  the  provisions  of  this  subdivision,  would  have 
been  entitled  to  become  a  candidate  for  any  office  except 
for  the  fact  that  some  other  person  received  an  equal  num- 
ber of  votes  therefor,  then  all  such  persons  receiving  such 
equal  number  of  votes  shall  likewise  be  candidates  for  such 
office  and  their  names  shall  be  printed  upon  the  ballots. 

At  such  General  Municipal  or  Special  Municipal  Election 
the  candidate  for  any  office  who  receives  the  highest  num- 
ber of  votes  at  such  election  shall  be  declared  elected  to 
such  office. 


If  at  any  General  Municipal  or  Special  Municipal  Elec- 
tion the  Mayor,  Auditor,  any  Commissioner  or  any  School 
Director  be  not  elected  by  reason  of  a  tie  vote,  then  the 
Council  then  in  office  shall  by  lot  choose  from  the  candi- 
dates receiving  such  tie  vote  the  necessary  number  to  fill 
such  office  or  offices. 

All  the  provisions  and  conditions  above  set  forth  as  to  the 
conduct  of  Nominating  Municipal  Elections,  so  far  as  they 
may  be  applicable,  shall  govern  General  and  Special  Munici- 
pal Elections;  and  the  same  precincts  and  polling  places 
shall,  if  possible,  be  used. 

Informalities  in  Election. 

(22)  No  informalities  in  conducting  Municipal  Elections 
shall  invalidate  the  same,  if  they  have  been  conducted 
fairly  and  in  substantial  conformity  to  the  requirements  of 
this  Charter. 

General  Election  Regulations. 

Sec.  6.  (1)  The  provisions  of  the  State  law  relating  to 
the  qualifications  of  electors,  the  manner  of  voting,  the 
duties  of  election  officers,  the  canvassing  of  returns,  and 
all  other  particulars  in  respect  to  the  management  of  elec- 
tions, so  far  as  they  may  be  applicable,  shall  govern  all 
municipal  elections,  provided  that  the  Council  shall  meet 
as  a  canvassing  board  and  duly  canvass  the  election  returns 
within  four  days  after  any  municipal  election. 

Voting  Machines. 

(2)  In  case  voting  machines  shall  be  used  at  any  Munic- 
ipal Election,  the  Council  shall  have  power,  by  ordinance, 
to  modify  the  provisions  of  the  Charter  so  far  as  may  be 
necessary  to  adapt  them  to  the  use  of  voting  machines. 

ARTICLE  IV. 

RECALL  OF  ELECTIVE  OFFICERS. 

Applies  to  All  Elective  Officers. 

Sec.  7.  (1)  Every  incumbent  of  an  elective  office, 
whether  elected  by  popular  vote  or  appointed  thereto  to 
fill  a  vacancy,  shall  be  subject  to  removal  from  office  by 
recall  by  the  voters  of  the  city.  The  procedure  to  effect 
such  removal  from  office  shall  be  as  follows : 

Petition  for  Recall. 

(2)  A  petition  signed  by  qualified  electors  equal  to  fif- 
teen^j[15)  per  centum  of  the  entire  vote  cast  for  all  candi- 


dates  for  the  office  of  Mayor  at  the  last  preceding  General 
Municipal  Election  at  which  a  Mayor  was  elected  (pro- 
vided, that  the  number  of  signers  to  any  petition  for  the 
recall  shall  not  be_.less  than  three  thousand),  which  said 
petition  shall  request  the  calling  of  an  election  to  determine 
whether  or  not  the  said  incumbent  of  an  elective  office 
sought  to  be  removed  from  office  shall  be  removed  from 
office  by  recall,  shall  be  addressed  to  the  Council  and  pre- 
sented to  the  City  Clerk.  The  petition  may  request  that 
such  election  shall  be  held  at  a  Special  Municipal  Election  or 
at  the  next  General  Municipal  Election. 

Form  of  Petition. 

(3)  The  petition  for  recall  and  removal  from  office  shall 
be  substantially  as  follows: 

(Individual  Certificate.) 

PETITION  TO  THE  COUNCIL. 

REQUIRING  A  SPECIAL   MUNICIPAL    ELECTION 

(If  such  be  the  case.) 

(The  above  heading  must  be  printed  in  type  of  a  24-point 

Roman  face,  caps  and  lower  case.) 

For  the  Recall  of  (name  of  officer) 

From  the  Office  of  (name  of  office) 

REASONS  FOR  THE  RE-        REASONS  AGAINST  THE 
CALL  OF  (name  of  officer)         RECALL  OF  (name  of  offi- 
FROM  OFFICE.   (Here  in-         cer)     FROM     OFFICE, 
sert  such  reasons.)  (Here  insert  such  reasons.) 

I,  the  undersigned,  certify  that  I  hereby  join  in  a  petition 
to  the  Council  requiring  that  it  forthwith  submit,  as  pro- 
vided in  the  Charter  of  Oakland,  to  the  vote  of  the  electors 
of  the  City  of  Oakland,  at  a  Special  (or  the  next  General) 
Municipal  Election,  the  question  whether  (name  of  officer) 
shall  be  recalled  from  the  office  of  (name  of  office.) 

I  further  certify:  that  I  have  read  the  above  reasons  for 

and  against  the  recall  of  said  officer  and  believe  that 

should  be  recalled ;  that  I  am  a  qualified  elector  of  the  City 
of  Oakland,  State  of  California;  that  I  am  not  at  this  time 
a  signer  of  any  other  like  certificate ;   that    I    reside  at 

No Street,  between  

Street  and  Street,  in  said  City,  and  that  my 

occupation  is 

(Signed) 

State  of  California,    ) 
County  of  Alameda,  >    ss. 
City  of  Oakland.      \ 

,  being  duly  sworn,  deposes  and  says 

10  u 


that  he  is  the  person  who  signed  the  foregoing  certificate 
and  that  the  statements  therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me  this 

day  of ,19 

(Signed) 

•    Verification  Deputy  (or  Notary  Public). 
The  petition  of  which  this  certificate  forms  a  part,  shall, 

if  found  insufficient,  be  returned  to at 

No Street,  Oakland,  California. 

Filing  and  Examination  of  Petition. 

(4)  Each  certificate  must  be  on  a  separate  sheet  of 
paper  and  must  contain  the  name  of  but  one  signer,  who 
must  make  oath  before  a  notary  public  or  a  verification 
deputy  as  to  the  truth  and  correctness  of  the  statements 
made  in  such  certificate. 

These  certificates  shall  be  fastened  together,  as  provided 
herein  for  petitions  of  nomination,  except  that  they  shall 
be  hQund  as  near  as  may  be  in  lots  of  two  hundred  and  fifty 
(250)  certificates. 

Immediately  upon  the  receipt  of  such  petition,  the  City 
Clerk  shall  indorse  thereon  the  time  at  which  said  petition 
was  received  by  him.  The  City  Clerk  shall  thereupon  im- 
mediately begin  to  examine  said  petition  to  ascertain 
whether  or  not  it  conforms  to  all  the  requirements  of  this 
Charter. 

Within  ten  days  after  such  presentation  he  must  finally 
determine  whether  or  not  it  so  conforms  and  shall  forth- 
with attach  to  said  petition  his  certificate  showing  the  re- 
sult of  his  examination,  and  forthwith  send  by  registered 
mail  a  copy  of  said  certificate  to  the  i)erson  named  as  the 
person  to  whom  said  petition  shall  be  returned  in  accord- 
ance with  this  section.  If  the  petition  be  found  not  to  con- 
form to  the  requirements  of  this  Charter  such  certificate 
of  the  City  Clerk  shall  designate  as  to  the  petition  and  as 
to  each  individual  certificate  included  therein  and  found  to 
be  defective,  the  defect  therein.  If  by  said  certificate  of 
the  City  Clerk  the  petition  is  shown  to  be  insufficient,  it 
may  be  amended  by  the  presentation  within  fifteen  days 
after  the  date  of  mailing  of  said  certificate  of  the  City 
Clerk,  of  an  additional  recall  petition  containing  additional 
recall  certificates.  The  City  Clerk  shall  within  seven  days 
after  the  presentation  of  such  additional  recall  petition 
make  like  examination  and  determination  of  the  amended 
petition  and  attach  to  it  a  like  certificate  and  mail  a  copy 
as  aforesaid  and,  if  his  certificate  shall  show  the  amended 

11 


petition  to  be  insufficient,  or  if  no  additional  recall  petition 
shall  have  been  presented,  the  petition  shall  be  returned  to 
the  person  named  as  the  person  to  whom  the  petition  is  to 
be  returned,  without  prejudice  to  the  filing  of  a  new  peti- 
tion to  effect  the  same  purpose. 
.  If  and  when  the  City  Clerk  shall  find  the  said  petition  or 
amended  petition  to  conform  to  the  requirements  of  this 
Charter  he  shall  indorse  his  finding  upon  the  said  petition 
or  amended  petition  and  immediately  file  and  present  the 
same  to  the  Council. 

Withdrawal  of  Signature.  ^^ 

(5)  Any  signer  of  a  petition  for  the  Recall,  the  Initia- 
tive, or  the  Referendum,  may  file  with  the  City  Clerk  a  veri- 
fied revocation  of  his  signature  to  such  petition.  And  in 
case  said  revocation  is  filed  with  the  City  Clerk  before  the 
said  petition  is  filed  by  the  City  Clerk,  the  City  Clerk  sha,ll 
cancel  the  said  signer's  signature  on  said  petition. 

Statement  of  Intention  to  Circulate  Petition. 

(6)  Before  any  petition  for  the  recall  of  an  officer  is 
circulated  for  signatures  thereto,  an  affidavit  in  triplicate 
by  or  on  behalf  of  the  person  or  persons  proposing  such 
recall  shall  be  filed  with  the  City  Clerk,  who  shall  at  once 
deliver  one  of  said  affidavits  to  the  office  of  said  officer 
sought  to  be  recalled,  and  send  one  by  registered  mail  to 
the  residence  of  such  officer.  Said  affidavit  shall  contain: 
a  statement  of  the  intention  to  circulate  a  petition  for  the 
recall  of  said  officer;- a  statement  in  not  more,  than  two 
hundred  (200)  words  giving  the  grounds  for  such  recall; 
and  the  address  of  the  party  making  the  affidavit.  Said 
officer  sought  to  be  recalled  shall  have  five  (5)  days  after 
the  filing  of  such  affidavit  in  which  to  formulate  and  send 
by  registered  mail  to  the  address  of  the  party  making  such 
affidavit  a  statement  in  not  more  than  two  hundred  (200) 
words  justifying  said  officer's  course  in  office.  These 
reasons  for  and  against  the  recall  of  said  officer  shall  be 
printed  as  a  part  of  each  individual  certificate  forming  a 
part  of  the  petition. 

No  original  petition  for  the  recall  of  any  officer  upon  the 
grounds  set  forth  in  such  affidavit  shall  be  presented  to  the 
City  Clerk  later  than  forty  (40)  days  after  the  filing  of  such 
affidavit. 

Election  Under  Recall  Petition. 

(7)  If  the  officer  sought  to  be  removed  by  recall  shall 
not  resign  from  office  within  five  days  after  the  petition  is 
filed  by  the  City  Clerk,  and  if  the  petition  requests  a  special 
election,  the  Council  shall  cause  a  special  election  to  be  held 

12 


within  not  less  than  fjfty  (50)  nor  more  than  sixty  (60) 
days  after  the  filing  of  said  petition  to  determine  whether 
the  electors  will  recall  said  officer,  or,  if  a  General  or  Spe- 
cial Municipal  Election  is  to  occur  within  sixty  (60)  days 
after  the  filing  of  said  petition,  the  Council  may  in  its  dis- 
cretion postpone  the  holding  of  such  election  to  such  Gen- 
eral Municipal  Election. 

Penalty  for  Non-Performance — Life  of  Petition. 

(8)  If  the  City  Clerk  or  any  member  of  the  Council 
shall  wilfully  fair  or  neglect  to  do  or  perform  any  act  or 
duty,  in  this  Article  prescribed  or  directed  to  be  by  them  or 
any  of  them  done  or  performed,  then  and  in  that  event  the 
said  City  Clerk  or  such  member  of  the  Council  shall  not 
draw  or  receive  any  salary  during  his  further  continuance 
in  office  and  the  Auditor  shall  not  audit  or  allow  any  claim 
therefor. 

If  any  question  of  recall,  for  which  a  petition  has  been 
filed,  in  accordance  with  the  provisions  of  this  Charter,  be 
not  submitted  to  the  voters  at  or  within  the  time  elsewhere 
specified  in  this  Charter,  such  petition  shall  remain  in  force 
until  such  question  has  been  submitted  to  the  voters. 

Grounds  of  Recall.    Officer's  Justification. 

(9)  Upon  both  the  Sample  and  Official  Ballots  there 
shall  be  printed  in  not  more  than  two  hundred  (200)  words 
a  statement  of  the  reasons  for  demanding  the  recall  of  the 
officer  as  set  forth  in  the  recall  petition,  and  the  statement, 
if  any,  in  not  more  than  two  hundred  (200)  words,  made  by 
the  officer  justifying  his  course  in  office  as  set  forth  in  the 
recall  petition. 

Recall  Ballots. 

;  (10)  The  ballots  at  every  election  at  which  a  question 
of  recall  is  to  be  determined  shall  contain,  as  to  every  offi- 
cer whose  recall  is  to  be  voted  on  thereat,  the  following 
question : 

Shall be  removed  from  the  office  of 

» by  recall  ? 

Following  which  question  shall  be  the  words  "Yes"  and 
"No"  on  separate  lines  with  a  blank  space  at  the  right  of 
each  in  which  the  voter  may  indicate,  by  stamping  or  writ- 
ing a  cross  (X) ,  his  vote  for  or  against  such  recall. 

On  such  ballots  under  each  such  question  there  shall  also 
be  printed  the  names  of  those  persons  who  have  been  nomi- 
nated as  candidates  to  succeed  the  person  recalled,  in  case 
he  shall  be  removed  from  office  by  vote  of  the  people.  The 
nomination  of  candidates  for  places  on  such  ballots  shall  be 
made  in  the  same  manner  as  provided  in  this  Charter  for 
Nominating  Elections ;  excepting  that  the  person  whose  re- 

13 


call  and  removal  from  office  is  petitioned  for  shall  be 
deemed  a  candidate,  and,  unless  within  five  days  after  the 
petition  requiring  the  calling  of  the  election  is  filed  by  the 
City  Clerk,  he  resigns  his  office  or  declines  in  a  writing  duly 
signed  and  verified  by  him  and  filed  with  the  City  Clerk  to 
permit  his  name  to  be  printed  upon  the  ballot,  his  name 
shall  be  printed  upon  the  ballot  as  if  he  had  been  regularly 
nominated  in  accordance  with  the  provisions  of  this  Char- 
ter. All  requirements  of  this  Charter  relating  to  ballots  at 
Nominating  Municipal  Elections  shall,  so  far  as  applicable, 
and  except  as  herein  otherwise  provided,  apply  to  all  ballots 
at  every  election  at  which  a  question  of  recall  is  to  be  deter- 
mined, and  the  calling  of  elections  under  this  Article  shall 
be  done  in  accordance  with  the  provisions  of  this  Charter 
providing  for  the  calling  of  Nominating  Municipal  Elections. 

Recall — What  Constitutes. 

(11)  The  person  for  whose  recall  and  removal  from 
office  petition  is  made  shall,  if  he  do  not  resign,  continue  to 
perform  the  duties  of  his  office  until  such  time  as  the  Coun- 
cil, having  canvassed  the  vote,  shall  declare  that  a  majority 
of  those  voting  on  the  question  as  to  whether  said  person 
shall  be  recalled  and  removed  from  office  have  voted  for  his 
recall  and  removal  from  office.  The  Council  shall  canvass 
the  vote  cast  at  and  declare  the  result  of  the  election  within 
four  (4)  days  from  the  day  on  which  the  election  is  held. 

If  a  majority  of  those  voting  on  the  question  as  to  whether 
a  person  shall  be  recalled  and  removed  from  office  shall  vote 
in  favor  of  such  person  being  recalled  and  removed  from 
office,  the  person  for  whose  recall  and  removal  from  office 
said  majority  has  voted  shall  be  deemed  to  be  recalled  and 
removed  from  office,  upon  the  canvass  of  the  returns  of  and 
the  declaration  of  the  result  of  said  election  by  the  Council. 

Election. 

(12)  If  at  the  election  for  recall  and  removal  from  office 
a  vacancy  is  created,  any  candidate  receiving  at  said  election 
a  majority  of  the  votes  cast  for  that  office  shall  be  thereby 
elected. 

If  at  the  election  for  recall  and  removal,  a  vacancy  is  so 
created  and  not  so  filled  by  a  candidate  receiving  a  majority 
of  votes,  then  the  Council  shall  order  the  holding  of  a  sec- 
ond election  to  take  place  not  more  than  two  weeks,  nor  less 
than  one  week  after  the  first  election.  At  such  second  elec- 
tion the  names  of  not  more  than  two  candidates  for  each 
unfilled  vacancy  (said  names  being  the  names  of  those  can- 
didates who  received  the  most  votes,  less  than  a  majority) 
shall  be  printed  upon  the  ballot;  except  that,  in  case  of  a  tie 
between  the  second  and  third  highest,  the  provisions    of 

14 


subdivision  twenty-one  (21)  of  Section  five  (5)  shall  apply. 

In  all  other  respects  the  calling  of  said  second  election, 
the  requirements  of  the  ballots  and  the  conduct  of  the  sec- 
ond election  shall  be  the  same  as  provided  in  this  Charter 
for  General  Municipal  Elections,  except  as  otherwise  pro- 
vided in  this  Article. 

The  Council  shall  canvass  the  returns  and  declare  the 
result  of  said  second  election  within  four  (4)  days  after  the 
day  on  which  the  said  election  was  held.  The  person  receiv- 
ing the  highest  number  of  votes  for  each  office  at  the  second 
election  shall  be  declared  elected  to  the  said  office,  and 
shall  assume  the  duties  thereof  immediately  upon  taking 
the  oath  of  office  and  filing  a  bond  in  the  sum  required  of 
his  predecessor  in  said  office. 

In  case  of  a  tie  vote  at  the  second  election  for  any  office 
the  Council  shall  by  lot  choose  from  the  candidates  receiv- 
ing such  tie  vote  the  one  to  fill  such  office. 

Percentage  for  Subsequent  Recall. 

(13)  If,  at  a  recall  election,  a  majority  shall  vote  against 
recalling  the  officer  sought  to  be  removed,  or  if  such  officer 
shall  be  re-elected  to  said  office  at  any  election  held  under 
such  recall  proceedings,  it  shall  require  thirty  (30)  per  cen- 
tum of  the  entire  vote  cast  for  all  candidates  for  the  office 
of  Mayor  at  the  last  preceding  General  Municipal  Election 
at  which  a  Mayor  was  elected  to  initiate  a  subsequent  re- 
call election  against  such  officer  during  the  term  for  which 
he  was  elected. 

No  Recall  Petition  for  First  Six  Months. 

(14)  No  recall  petition  shall  be  filed  against  any  officer 
until  he  has  actually  held  his  office  for  at  least  six  months. 

Incapacity  of  Recalled  Official. 

(15)  No  person  who  has  been  recalled  from  an  elective 
office,  or  who  has  resigned  from  such  office  while  recall 
proceedings  were  pending  against  him,  shall  be  appointed 
to  any  office  within  one  year  after  such  recall  or  resigna- 
tion. 

Further  Regulations. 

(16)  The  Council  shall  by  ordinance  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions 
of  this  section,  and  to  adapt  the  provisions  of  Section  five 
(5)  thereto. 

ARTICLE  V. 

ELECTIVE  OFFICERS. 

The  Elective  Officers. 

Sec.  8.  The  elective  officers  of  the  City  shall  be  a  Mayor, 
an  Auditor  who  shall  be  ex-off icio  Assessor,  four  Commis- 
sioners and  six_School  Directors. 

15 


The  Council  shall  consist  of  the  Mayor  and  the  four  Com- 
missioners above  specified,  each  of  whom,  including  the 
Mayor,  shall  have  the  right  to  vote  on  all  questions  coming 
before  the  Council. 

The  Board  of  Education  shall  consist  of  the  six  School 
Directors  and  the  Commissioner  designated  to  the  Depart- 
ment of  Revenue  and  Finance,  each  of  whom,  including  said 
Commissioner,  shall  have  the  right  to  vote  on  all  questions 
coming  before  the  Board  of  Education. 

Candidates  for  Commissioner  shall  be  designated  on  all 
official  election  ballots,  as  candidates  for  Commissioner  No. 
1,  or  No.  2,  or  No.  3,  or  No.  4  (said  numbers  to  be  printed 
after  the  designating  title  "Commissioner,"  there  being  as 
many  numbers  from  1  up  as  there  are  Commissioners  to  be 
elected)  in  accordance  with  the  declarations  of  candidacy, 
which  said  candidates  shall  have  filed  with  the  City  Clerk. 
Such  numerical  designation  on  the  ballot  shall  have  no  sig- 
nificance whatever  after  election  and  qualification  of  such 
Commissioner;  but  shall  fix  the  status  of  each  such  numeri- 
cally designated  office  as  a  separate  office  for  the  purpose 
of  nomination  and  election  thereto. 

Candidates  for  School  Director  shall  be  designated  on  all 
official  election  ballots  as  candidates  for  School  Director  No. 
1,  or  No.  2,  or  No.  3,  or  No.  4,  or  No.  5,  or  No.  6  (said  num- 
bers to  be  printed  after  the  designating  title  ''School  Direc- 
tor," there  being  as  many  numbers  from  1  up  as  there  are 
School  Directors  to  be  elected)  in  accordance  with  the 
declarations  of  candidacy  which  said  candidates  shall  have 
filed  with  the  City  Clerk.  Such  numerical  designation  on 
the  ballot  shall  have  no  significance  whatever  after  election 
and  qualification  of  such  School  Director,  but  shall  fix  the 
status  of  each  such  numerically  designated  office  as  a  sep- 
arate office  for  the  purpose  of  nomination  and  election 
thereto. 

Elected  at  Large. 

Sec.  9.  The  Mayor,  Auditor,  Commissioners  and  School 
Directors  shall  be  elected  at  the  General  Municipal  Election 
on  a  general  ticket  from  the  City  at  large. 

Eligibility  of  Mayor,  Auditor,  and  Commissioners. 

Sec.  10.  To  be  eligible  to  the  office  of  Mayor,  Auditor  or 
Commissioner,  the  person  must  be  a  citizen  of  the  United 
States  and  a  qualified  elector  of  the  State  of  California,  and 
shall  have  been  a  resident  of  the  City  of  Oakland  for  four 
years  next  preceding  his  nomination. 

Eligibility  of  School  Directors. 

Sec.  11.     To  be  eligible  to  the  office  of  School  Director  a 

16 


person  must  be  a  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years,  and  shall  have  been  a  resident  of  the  City 
of  Oakland  for  two  years  next  preceding  nomination. 

Vacancy  in  Office. 

Sec.  12.  (1)  If  a  vacancy  shall  occur  in  the  office  of 
Mayor,  Auditor  or  Commissioner,  the  Council  shall  appoint  a 
person  to  fill  such  vacancy.  In  each  case  the  person  so  ap- 
pointed shall  hold  office,  subject  to  the  provisions  of  the 
Recall,  until  the  next  General  Municipal  Election,  and  his 
successor  at  such  election  shall  be  elected  for  the  full  or  un- 
expired term,  as  the  case  may  be ;  provided  that  if  a  vacancy 
arises  by  Recall  without  a  successor  being  elected  at  the 
same  election,  any  appointee  filling  such  vacancy  shall  be 
succeeded  by  the  person  elected  or  chosen  under  the  pro- 
visions of  Article  IV  of  this  Charter,  relating  to  the  Recall. 

(2)  If  a  vacancy  shall  occur  in  the  office  of  School  Di- 
rector, the  Board  of  Education  shall  appoint  a  person  to  fill 
such  vacancy.  In  each  case  a  person  so  appointed  shall  hold 
office,  subject  to  the  provisions  of  the  Recall,  until  the  next 
General  Municipal  Election,  and  the  successor  of  such  ap- 
pointee elected  at  such  election  shall  be  elected  for  the  full 
or  unexpired  term,  as  the  case  may  be;  provided  that  if  a 
vacancy  arises  by  Recall  without  a  successor  being  elected 
at  the  same  election,  any  appointee  filling  such  vacancy  shall 
be  succeeded  by  the  person  elected  or  chosen  under  the  pro- 
visions of  Article  IV  of  this  Charter  relating  to  the  Recall. 

Vacancy — What  Constitutes. 

Sec.  13.  A  vacancy  shall  be  deemed  and  considered  to  ex- 
ist in  any  elective  office  when  the  person  elected  thereto/ 
fails  to  qualify  within  ten  days  after  notice  of  election  has 
been  handed  to  him  or  sent  by  registered  mail  to  his  last 
known  address,  dies,  resigns,  is  recalled  and  removed  from 
office,  ceases  to  be  a  resident  of  the  City,  absents  himself 
continuously  therefrom  for  a  period  of  more  than  thirty 
days  without  permission  from  the  Council,  is  convicted  of  a 
felony,  judicially  determined  to  be  incompetent,  forfeits  his 
office  under  the  provisions  of  this  Charter,  or  is  removed 
from  office  by  judicial  proceeding. 

Mayor's  and  Auditor's  Term  of  Office. 

Sec.  14.  The  Mayor  and  Auditor  shall  each  hold  office 
for  a  term  of  four  years  from  and  after  the  first  day  of 
July  after  his  election,  and  until  his  successor  is  elected  or 
appointed  and  qualified,  unless  sooner  removed  from  office 
by  Recall,  or  otherwise;  provided,  however,  that  the  term 
of  office  of  the  Auditor  first  elected  under  this  Charter  shall 
be  for  two  years  only. 
Commissioner's  Term  of  Office. 

Sec.  15.    The  Commissioners  shall  hold  office  for  a  term  of 

17 


four  years  from  and  after  the  first  day  of  July  after  their 
election,  and  until  their  successors  are  elected  or  appointed 
and  qualified,  unless  sooner  removed  from  office  by  Recall 
or  otherwise ;  provided  that  the  Commissioners  first  elected 
under  this  Charter  shall,  at  their  first  meeting,  so  classify 
themselves  by  lot  that  two  shall  serve  for  two  years  and 
two  for  four  years. 

At  each  General  Municipal  Election  after  the  first  held 
under  this  Charter,  there  shall  be  elected  two  Commis- 
sioners. 

School  Director's  Term  of  Office. 

Sec.  16.  The  School  Directors  shall  hold  office  for  a 
term  of  four  years  from  and  after  the  first  day  of  July  after 
their  election  and  until  their  successors  are  elected  or  ap- 
pointed and  qualified,  unless  sooner  removed  by  Recall  or 
otherwise;  provided,  that  the  School  Directors  first  elected 
under  this  Charter  shall,  at  their  first  meeting,  so  classify 
themselves  by  lot  that  three  shall  serve  for  two  years  and 
three  for  four  years. 

At  each  General  Municipal  Election  after  the  first  held  un- 
der this  Charter  there  shall  be  elected  three  School  Direc- 
tors. 

Sec.  I6V2.  The  term  of  each  elective  officer  shall  com- 
mence at  eleven  o'clock  A.  M.  on  the  day  fixed  herein. 

Official  Bonds. 

Sec.  17.  The  Mayor,  Auditor,  Treasurer,  each  Commis- 
sioner and  each  School  Director  shall,  before  entering  upon 
the  duties  of  his  office,  each  give  and  execute  to  the  City  a 
bond  as  hereinafter  provided.  No  surety  on  any  official  bond 
other  than  lawfully  authorized  surety  companies  shall  be 
taken  unless  he  shall  be  a  payer  of  taxes  on  property  not 
exempt  from  execution  or  subject  to  homestead  claim,  the 
assessed  value  of  which  over  and  above  all  encumbrances  is 
equal  in  amount  to  his  liabilities  on  all  bonds  on  which  he 
may  be  surety  to  the  City,  and  each  surety  shall  certify  and 
make  an  affidavit  (for  which  a  form  shall  be  printed  upon 
said  bond) ,  signed  by  him,  that  he  is  assessed  upon  the  last 
assessment  roll  of  the  City,  in  his  own  name,  for  property  in 
an  amount  greater  than  his  liabilities  on  all  bonds  on  which 
he  is  surety  to  the  City,  and  that  the  taxes' on  such  property 
so  assessed  are  not  delinquent. 

The  bond  of  the  Mayor  and  of  each  Commissioner  shall 
each  be  in  the  penal  sum  of  Ten  thousand  (10,000)  Dollars, 
of  the  Auditor  in  the  penal  sum  of  Twenty-five  thousand 
(25,000)  Dollars,  of  the  Treasurer  in  the  penal  sum  of  One 
hundred  thousand  (100,000)  Dollars,  and  of  each  School 
Director  in  the  penal  sum  of  twenty-five  hundred  (2,500) 
Dollars. 

18 


Every  bond  shall  contain  the  condition  that  the  principal 
will  well,  truly,  honestly  and  faithfully  perform  the  duties 
of  his  office.  All  bonds  except  those  of  the  Mayor  and 
Auditor  must  be  approved  by  the  Mayor  and  Auditor;  the 
bond  of  the  Mayor  must  be  approved  by  the  Auditor  and  a 
majority  of  the  Council,  the  bond  of  the  Auditor  must  be 
approved  by  the  Mayor  and  a  majority  of  the  Council. 

The  Council  may,  by  Ordinance,  increase  the  ^mount  of 
bond  herein  required  from  any  officer;  and  may  require  a 
bond  to  be  given  by  any  officer  not  herein  required  to  give 
bond,  and  may  fix  its  amount. 

When  under  any  of  the  provisions  of  this  Charter,  or  of 
any  Ordinance,  an  official  bond  shall  be,  required  from  any 
officer,  the  Council,  or  Board  as  the  case  may  be,  may  by 
resolution  require  an  additional  bond,  whenever,  in  the 
opinion  of  such  Council,  or  Board,  such  bond  or  any  surety 
thereto  becomes  insufficient. 

T-he  approval  of  the  official  bonds  must  be  endorsed  there- 
on and  signed  by  the  officer  or  officers  approving  the  same. 
All  bonds,  when  approved,  shall  be  filed  with  the  City  Clerk, 
except  the  bond  of  the  City  Clerk,  which  must  be  filed  with 
the  Auditor.  Upon  the  approval  of  a  bond  it  must  be  re- 
corded in  a  book  entitled  ''Record  of  Official  Bonds,"  kept 
for  that  purpose  by  the  City  Clerk  in  his  office.  All  the  pro- 
visions of  the  law  of  the  State  relating  to  official  bonds  of 
City  officers,  not  inconsistent  with  this  Charter,  shall  be 
compHed  with. 

Oath  of  Office. 

Sec.  18.  Every  officer  of  the  City  before  entering  upon 
the  duties  of  his  office,  shall  take  the  following  oath  of  office 
and  file  the  same  with  the  City  Clerk: 

I  solemnly  swear  or  affirm  that  I  will  support  the  Con- 
stitution of  the  United  States,  the  ^Constitution  of  the  State 
of  California,  and  the  Charter  of  the  City  of  Oakland,  and 
will  truly  and  to  the  best  of  my  ability  perform  the  duties 

of  the  office  of 

(Signed) 

Subscribed  and  sworn  to  before  me  this day 

of ,19 


City  Clerk  (or  Notary  Public.) 
Salaries. 

Sec.  19.  The  Mayor  shall  receive  an  annual  salary  of 
forty-two  hundred  (4200)  dollars,  payable  in  equal  monthly 
installments. 

The  Auditor  shall  receive  an  annual  salary  of  thirty-six 
hundred  (3600)  dollars,  payable  in  equal  monthly  install- 
ments. 

19 


Each  Commissioner  shall  receive  an  annual  salary  of 
thirty-six  hundred  (3600)  dollars,  payable  in  equal  monthly 
installments. 

Each  School  Director  other  than  the  Commissioner  of 
Revenue  and  Finance  shall  receive  ten  dollars  for  each 
regular  meeting  of  the  Board  of  Education  which  he  shall 
attend,  provided  that  he  shall  not  receive  more  than  forty 
(40)  dollai;s  in  any  one  month. 
Administering  Oaths.    Subpoenas. 

Sec.  20.  Every  elective  officer,  every  chief  official  and 
every  member  of  any  Board  provided  for  in  this  Charter 
shall,  in  all  matters  of  or  pertaining  to  the  City  or  its  busi- 
ness, have  the  power  to  administer  oaths  and  affirmations, 
and  every  such  officer  and  Board  shall  have  the  power  to 
issue  subpoenas,  to  compel  by  subpoena  the  production  of 
books,  papers  and  documents,  and  to  take  and  hear  testi- 
mony concerning  any  matter  or  thing  pending  before  the 
Council  or  before  any  such  officer  or  Board.  If  any  person 
so  subpoenaed  neglect  or  refuse  to  appear,  or  to  produce  any 
book,  paper  or  document  as  required  by  such  subpoena,  or 
shall  refuse  to  testify  before  the  Council  or  before  any  such 
officer  or  Board  or  to  answer  any  question  which  any  of- 
ficer, or  a  majority  of  such  Board  shall  decide  to  be  proper 
and  pertinent,  he  shall  be  deemed  in  contempt,  and  the 
Council  or  any  such  officer,  or  any  such  Board  shall  have 
power  to  take  the  procedings  in  that  behalf  provided  by  the 
general  laws  of  the  State.  The  Chief  of  Police  must,  on  re- 
quest of  the  Council  or  of  any  such  officer,  or  of  any  mem- 
ber of  such  Board,  detail  a  police  officer  or  police  officers 
to  serve  such  subpoena. 

ARTICLE  VI. 

THE  MAYOR. 
The  Chief  Executive. 

Sec.  21.    The  Mayor  shall  be  the  chief  executive  officer 
of  the  City  and  shall  see  that  all  the  ordinances,  resolutions 
and  laws  thereof  are  duly  enforced.     He  shall  be  charged  \ 
with  the  general  oversight  of  the  several  departments  of 
the  municipal  government.    He  shall  see  that  all  contracts  <^ 
made  with  the  City  are  faithfully  performed. 

The  Mayor  shall,  with  the  aid  of  the  Commissioner  of ^ 
Public  Health  and  Safety,  take  all  proper  measures  for  the 
preservation  of  public  order  and  the  suppression  of  riots, 
insurrections  or  tumults,  for  which  latter  purpose  he  is 
authorized  and  empowered  to  use  and  command  the  police 
force  of  the  City. 

Mayor  Pro  Tempore. 

Sec.  22.    During  the  temporary  absence  or  disability   of 

20 


the  Mayor,  the  Vice-President  of  the  Council  shall  act  as 
Mayor  pro  tempore.  In  case  of  the  temporary  absence  or 
disability  of  both  Mayor  and  Vice-President,  the  Council 
shall  elect  one  of  its  members  to  be  Mayor  pro  tempore.  In 
case  of  vacancy  in  the  office  of  Mayor,  the  Vice-Presi- 
dent of  the  Council  shall  act  as  Mayor  until  such  vacancy 
can  be  filled  as  provided  in  this  Charter. 

Mayor's  Reports. 

Sec.  23.    The  Mayor  shall  annually  and  from  time  to  time  /j^ 
give  the  Council  information  relative  to  the  affairs  of  the 
City  and  recommend  to  its  consideration  such  matters  as  he 
may  deem  expedient. 

Mayor  to  Have  City's  Books  Examined. 

Sec.  24.  The  Mayor  shall  employ,  for  a  stipulated  com-  S- 
pensation,  at  the  beginning  of  each  fiscal  year,  a  certified 
public  accountant,  who  shall  examine  at  least  twice  each 
year,  the  books,  records  and  reports  of  the  Auditor,  and  of 
all  officers  and  employes  who  receive  or  disburse  City 
moneys,  and  the  books,  records  and  reports  of  such  other 
officers  and  departments  as  the  Mayor  may  direct,  and  make 
triplicate  reports  thereof,  and  present  one  each  to  the  Mayor 
and  Auditor,  and  file  ofie  with  the  City  Clerk.  Such  ac- 
countant may  recommend  ways  and  means  to  improve  the 
methods  of  keeping  the  books,  records  and  accounts  of  the 
City.  Such  accountant  shall  have  unlimited  privilege  of  in- 
vestigation, to  examine  under  oath  or  otherwise  all  officers, 
clerks  and  employes  of  the  City,  and  every  such  officer, 
clerk  and  employe  shall  give  all  required  assistance  and 
information  to  such  accountant,  and  submit  to  him  for  ex- 
amination such  books  and  papers  of  his  office  as  may  be 
requested ;  and  failure  to  do  so  shall  be  deemed  and  held  to 
be  a  forfeiture  of  his  office.  The  Council  shall  provide  for 
the  payment  of  the  services  of  such  accountant. 

Supervision  of  Public  Utility  Companies. 

Sec.  25.  The  Mayor  shall  be  charged  with  the  general^ 
supervision  of  all  persons,  firms,  companies  and  corporations 
owning,  controlling  or  operating  public  utilities  in  so  far 
as  they,  or  any  of  them,  are  subject  to  municipal  control; 
he  shall  keep  himself  fully  informed  as  to  their  compliance 
in  all  respects  with  the  law  and  he  shall  see  that  the  pro- 
visions of  all  franchises,  permits  and  privileges  granted  by 
the  City  are  faithfully  observed. 

The  Mayor  shall,  and  the  Council  may,  cause  to  be  in-  ' 
stituted  such  actions  or  proceedings  as  may  be  necessary  to 
prosecute  persons,  firms,  companies  and  corporations  own- 
ing or  controlling  or  operating  public  utiHties,  for  violations 
of  law,  and,  as  may  be  necessary,  to  revoke,  cancel  or  annul 
all  franchises,  permits  and  privileges  that  may  have  been 

21 


/ 


%granted  by  the  City  to  any  person,  firm,  company  or  cor- 
poration, which  may  have  become  forfeitable  in  whole  or  in 
part  or  which  for  any  reason  are  illegal. or  void  or  voidable. 
The  City  Attorney,  on  the  demand  of  the  Mayor  or  of  the 
Council,  must  institute  and  prosecute  the  necessary  actions 
to  enforce  the  provisions  of  this  Section. 

Powers  and  Duties  Prescribed  by  Ordinance. 

Sec.  26.  The  Mayor  shall  exercise  such  other  powers  and 
perform  such  other  duties  as  may  be  prescribed  by  law  or 
ordinance. 


ARTICLE  VII. 

EXECUTIVE  AND  ADMINISTRATIVE 

DEPARTMENTS. 

The  Five  Municipal  Departments. 

Sec.  27.  The  executive  and  administrative  powers, 
authority  and  duties  of!  the  City,  not  otherwise  provided 
for,  shall  be  divided  into  five  general  Departments,  as  fol- 
lows: 

(1)  Department  of  Public  Affairs,  which  shall  be  under 
the  supervision  of  the  Mayor. 

(2)  Department  of  Revenue  and  Finance,'  which  shall 
be  under  the  supervision  of  the  Commissioner  of  Revenue 
and  Finance. 

(3)  Department  of  Public  Health  and  Safety,  which 
shall  be  under  the  supervision  of  the  Commissioner  of 
Public  Health  and  Safety. 

(4)  Department  of  Public  Works,  which  shall  be  under 
the  supervision  of  the  Commissioner  of  Public  Works. 

(5)  Department  of  Streets,  which  shall  be  under  the 
supervision  of  the  Commissioner  of  Streets. 

^v  Council  to  Assign  Powers  and  Duties. 

Sec.  28.  (1)  The  Council  at  its  first  regular  meeting  after 
every  General  Municipal  Election,  or  within  ten  days  there- 
after shall,  by  majority  vote,  designate  and  assign  one  of  its 
members,  not  the  Mayor,  to  be  Commissioner  of  Revenue 
and  Finance;  one  to  be  Commissioner  of  Public  Health  and 
Safety;  one  to  be  Commissioner  of  Public  Works;  and  one 
to  be  Commissioner  of  Streets.  Provided,  however,  if  the 
Council  be  unable  to  agree  within  said  ten  (10)  days  upon 
such  designation,  the  Mayor  shall  have  the  authority  to 
make  such  designation.  It  is  expressly  provided  that  tbe 
number  by  which  a  Commissioner  was  designated  upon  the 
official  ballot  shall  bear  no  relation  to  and  shall  in  no  manner 
be  considered  in  the  determination  of  the  particular  Com- 
missionership  or  Department  to  which  such  Commissioner 
is  designated  and  assigned. 

(2)     The  Council  may  change  such  designations  and  as- 

22 


si^ments,  exceptlliat-QfJiepartinent  of  Public  Affairs,  by 
ordinance,  whenever  it  shall  determine  that  the  public  ser- 
vice requires  such  change. 

(3)  The  Council  shall  prescribe  by  ordinance  the  powers 
and  duties  of  all  officers  and  employes  when  the  same  are 
not  prescribed  by  this  Charter,  and  may  prescribe  for  De- 
partments, officers.  Boards  and  employes  powers  and  duties 
in  addition  to  those  prescribed  by  this  Charter,  not  inconsis- 
tent therewith  (except  that  as  to  the  Civil  Service  Board 
such  may  be  done  only  at  the  request  of  said  Board)  ;  may 
assign  or  reassign  particular  officers  and  employes  to  duty 
in  more  than  one  Department  of  the  City  Government ;  may 
require  an  officer  or  employe  to  perform  duties  in  two  or 
more  Departments  of  the  City  Governme'ht;  and  may  make 
rules  and  regulations,  not  in  conflict  with  law  or  this  Char- 
ter, for  the  efficient  and  economical  conduct  of  the  business 
of  the  City. 

Except  as  in  this  Charter  otherwise  provided,  these  sev- 
eral Departments  shall  be  composed,  officered  and  organized 
and  the  persons  employed  therein  shall  be  chosen  as  the 
Council  may  by  ordinance  provide,  and  the  Council  must, 
at  all  times,  keep  in  full  force  and  effect  Ordinances  making 
provision  for  all  such  matters. 

Department  of  Public  Affairs. 

Sec.  29.  (1)  The  Department  of  Public  Affairs  shall  have 
supendsion  of  the  relations  of  the  City  with  the  government 
of  the  United  States,  the  States  of  the  Union,  the  County 
and  other  Municipalities,  and  shall  have  supervision  over  all 
Boards  appointed  by  the  Mayor. 

Department  of  Revenue  and  Finance. 

(2)  The  Department  of  Revenue  and  Finance  shall  have 
supervision  of  all  financial  matters  of  the  City,  except  as 
otherwise  provided  in  this  Charter;  and  shall  include  the 
office  of  the  Treasurer.  P't^ ' 

Department  of  Public  Health  and  Safety. 

(3)  The  Department  of  Public  Health  and  Safety  shall 
have  supervision  over  and  shall  include  the  Police  Depart- 
ment, the  Fire  Department,  the  Health  Department,  the 
Electrical  Department,  the  Municipal  Employment  Office, 
the  office  of  License  Inspector  and  the  office  of  Building  In- 
spector. 

Department  of  Public  Works. 

(4)  The  Department  of  PubHc  Works  shall  have  super- 
vision of  all  buildings  belonging  to  or  used  by  the  City, 
except  as  otherwise  provided  in  this  Charter,  of  all  wharves, 
docks,  slips,  quays  and  water-front  property,  belonging  to 
or  under  the  control  of  the  City,  and  of  all  public  utilities  of 
every  kind  and  nature  owned  or  operated  by  the  City,  and 


not  in  this  Charter  assigned  to  another  Department.  Such 
supervision  shall  include  supervision  of  construction,  main- 
tenance, repair  and  operation. 

Department  of  Streets. 

(5)  The  Department  of  Streets  shall  have  supervision 
over  all  the  streets  of  the  City,  except  where  the  same  niay 
constitute  a  part  of  any  wharf,  dock,  slip  or  quay  belonging 
to  or  under  the  control  of  the  City;  shall  have  the  super- 
vision of  all  work  done  on,  in  or  under  the  streets,  except  as 
aforesaid,  whether  in  the  nature  of  construction,  mainten- 
ance or  repair,  and  of  all  pipes,  conduits,  tunnels  and  other 
installation  placed  under  the  streets,  and  of  all  tracks,  poles 
and  other  installation  placed  on  or  above  the  streets.  Any 
quarry  or  quarries,  and  any  plant  or  plants  for  the  produc- 
tion, making  or  assembling  of  asphalt,  or  of  any  substance 
or  material  for  use  in  the  building,  maintenance  or  repair 
of  streets,  operated  by  the  City,  shall  be  under  the  super- 
vision of  and  be  conducted  by  said  Department. 

The  Chief  Officials— General. 

Sec.  30.  (1)  The  chief  officials  of  the  City  shall  be  a  City 
Attorney ;  a  Treasurer,  who  shall  be  ex-off icio  Tax  Collector'; 
a  City  Clerk ;  a  City  Engineer ;  a  Chief  of  Police ;  a  Chief  of 
the  Fire  Department;  a  Street  Superintendent;  a  Health 
Officer  and  a  Superintendent  of  the  Electrical  Department. 
The  Council  shall  by  ordinance  prescribe  the  duties  of  all  the 
chief  officials;  and  no  enumeration  in  this  Charter  of  the 
duties  of  any  chief  official  shall  be  construed  as  limiting  the 
power  of  the  Council  to  impose  on  him  other  duties  not  in- 
consistent with  this  Charter.  The  Council,  at  any  time,  by 
an  affirmative  vote  of  four  members,  may  consolidate  and 
place  in  charge  of  one  such  chief  official  the  functions  and 
duties  of  two  or  more  such  chief  officials.  The  Council  shall 
have  the  power hy  the  affirmative  vote  of  three  (3)  members 
to  remove  from  office  any  of  the  chief  officials  of  the  City. 

The  appointment  of  every  Chief  Official,  not  appointed  by 
the  Council,  shall  be  subject  to  confirmation  by  the  Council. 

The  City  Attorney. 

(2)  The  City  Attorney  shall  be  appointed  by  the  Coun- 
cil. He  must  be  at  the  time  of  his  appointment  a  citizen  of 
the  United  States  and  qualified  to  practice  in  all  the  Courts 
of  this  State,  and  he  must  have  been  so  qualified,  and  have 
been  a  resident  of  the  City  of  Oakland,  for  five  years  next 
preceding  his  appointment. 

He  shall  prosecute  and  defend  for  the  City  all  actions  at 
law  or  in  equity  and  all  special  proceedings  for  or  against  the 
City,  and  shall  represent  the  City  in  all  other  actions  or  pro- 
ceedings in  which  the  rights  and  interests  of  the  City  are 

24 


concerned;  and  whenever  any  cause  of  action  in  law  or  in 
equity  or  by  special  proceeding  exists  in  favor  of  the  City  he 
shall  commence  the  same  when  directed  to  do  so  by  the 
Mayor  or  by  the  Council.  He  shall  give  legal  advice  in  writ- 
ing to  all  officers  and  Boards  named  in  this  Charter  when  re- 
quested in  writing  so  to  do  by  them,  or  any  of  them,  upon 
questions  arising  in  their  separate  departments  involving  the 
rights  or  liabilities  of  the  City.  The  form  and  legality  of  all 
contracts  made  by  the  City  or  by  any  officer  or  Board  there- 
of shall  be  submitted  to  and  passed  on  by  the  City  Attorney 
before  execution.  He  shall  not  settle  or  dismiss  any  litiga- 
tion for  or  against  the  City  under  his  control  unless  upon  his 
written  recommendation  he  is  ordered  so  to  do  by  the 
Council. 

He  shall  keep  on  file  in  his  office  all  written  opinions  given 
by  him  to  any  officer,  Board  or  Department,  the  briefs  and 
transcripts  used  in  causes  where  he  appears,  and  bound 
books  of  record  and  registry  of  all  actions  or  proceedings 
under  his  charge  in  which  the  City  is  interested. 

He  shall  deliver  all  books  and  records,  reports,  documents, 
papers,  statutes,  law  books  and  property  of  every  description 
in  his  possession  belonging  to  his  office,  or  to  the  City,  to  his 
successor  in  office,  who  shall  give  him  duplicate  receipts 
therefor,  one  of  which  he  shall  file  with  the  Auditor. 

The  Treasurer  and  Ex-Officio  Tax  Collector. 

(3)  The  Treasurer  shall  be  assigned  to  the  Department 
of  Revenue  and  Finance,  and  shall  be  appointed  by  the  Com- 
missioner of  Revenue  and  Finance. 

The  Treasurer  shall  be  ex-officio  Tax  Collector.  As  Tax 
Collector  he  shall  perform  the  duties  in  this  Charter  and  by 
the  general  laws  of  the  State  provided.  As  Treasurer  he  shall 
receive  and  pay  out  all  moneys  belonging  to  the  City,  and  all 
other  moneys  provided  to  be  paid  into  the  Treasury  by  this 
Charter,  and  shall  keep  an  account  of  all  receipts  and  ex- 
penditures under  such  rules^and  regulations  as  may  be  pro- 
vided by  ordinance  or  the  provisions  of  this  Charter. 

The  Treasurer  shall  not  receive  any  moneys  unless  the 
payment  of  the  same  is  accompanied  by  the  certificate  of  the 
Auditor,  stating  the  amount  of  the  same,  to  what  fund  ap- 
plicable and  by  whom  to  be  paid. 

For  all  moneys  received  the  Treasurer  shall  give  a  dupli- 
cate receipt,  one  of  which  shall  be  countersigned  by  the  Aud- 
itor before  delivery  to  the  party  making  payment,  and  the 
other  shall  be  delivered  to  and  retained  by  the  Auditor. 

The  Treasurer  shall  not  pay  out  any  money  belonging  to 
the  City  except  upon  claims  presented,  allowed  and  audited 
in  the  manner  provided  by  this  Charter. 

The  Treasurer  shall  make  monthly  statements  to  the  Coun- 

25 


cil  of  the  receipts  and  expenditures  of  the  preceding  month. 

At  no  time  shall  the  weekly  balance  in  the  vaults  of  the 
Treasury  exceed  the  sum  of  twenty  thousand  (20,000)  doll- 
ars ;  provided,  that  applications  are  on  file  with  the  Treasurer 
from  a  bank  or  banks  in  the  City  of  Oakland  for  the  deposit 
of  City  money  in  accordance  with  the  laws  of  the  state. 

The  Treasurer  shall  perform  such  other  duties  as  may  be 
designated  by  ordinance  or  the  provisions  of  this  charter. 

The  City  Clerk. 

(4)  The  City  Clerk  shall  be  appointed  by  the  Council.  He 
shall  be  Clerk  of  the  Council.  He  shall  be  custodian  of  all 
deeds  and  of  all  other  evidences  of  the  title  to  property  of 
the  City.  He  shall  deliver  all  such  deeds  and  other  evidences 
of  title  to  his  successor  in  office,  who  shall  give  him  duplicate 
receipts  therefor,  one  of  which  he  shall  file  with  the  Auditor. 

The  City  Engineer. 

(5)  The  City  Engineer  shall  be  assigned  to  the  Depart- 
ment of  Public  Works  and  shall  be  appointed  by  the  Commis- 
sioner of  Public  Works ;  he  shall  be  a  civil  engineer  of  not 
less  than  Jive  years'  practical  experience  as  such;  he  shall 
possess  the  same  power  in  the  City  in  making  surveys,  plats 
and  certificates  as  is  given  by  law  to  City  Engineers  or  to 
County  Surveyors,  and  his  official  acts  and  all  plats,  surveys 
and  certificates  made  by  him  shall  have  the  same  validity 
and  be  of  the  same  force  and  effect  as  are  given  by  law  to 
those  of  City  Engineers  or  County  Surveyors.  He  shall  be 
the  custodian  of  and  responsible  for  all  maps,  plans,  profiles, 
field  notes  and  other  records  and  memoranda  belonging  to 
the  City,  pertaining  to  his  office  and  the  work  thereof,  all 
of  which  he  shall  keep  in  proper  order  and  condition  with 
full  indexes  thereof  and  shall  turn  over  the  same  to  his  suc- 
cessor, who  shall  give  him  duplicate  receipts  therefor,  one  of 
which  he  shall  file  with  the  Auditor. 

All  maps,  plans,  profiles,  field  notes,  estimates  and  other 
memoranda  of  surveys  and  other  professional  work  made  or 
done  by  him  or  under  his  direction  or  control  during  his 
term  of  office  shall  be  the  property  of  the  City. 

Police  and  Fire  Chiefs  and  Health  Officer. 

(6)  The  Chief  of  Police,  the  Chief  of  the  Fire  Depart- 
ment and  the  Health  Officer  shall  be  assigned  to  the  Depart- 
ment of  Public  Health  and  Safety,  and  shall  be  appointed 
by  the  Commissioner  of  Public  Health  and  Safety. 

Superintendent  of  Streets. 

(7)  The  Superintendent  of  Streets  and  the  Assistant 
Superintendent  of  Streets  shall  be  assigned  to  the  Depart- 
ment of  Streets  and  shall  be  appointed  by  the  Commissioner 
of  Streets. 

26 


During  the  absence  or  disability  of  the  Superintendent  of 
Streets  the  Assistant  Superintendent  of  Streets  shall  act  as 
Superintendent  of  Streets  pro  tempore  and  shall  have  his 
powers  and  duties. 

The  Superintendent  of  Streets  shall  be  a  civil  engineer  of 
at  least  five  years'  practical  experience  as  such. 

Superintendent  of  Electrical  Department. 

(8)  The  Superintendent  of  the  Electrical  Department 
shall  be  assigned  to  the  Department  of  Public  Health  and 
Safety  and  shall  be  appointed  by  the  Commissioner  of  Pub- 
ic Health  and  Safety. 

Subordinate  Officers  and  Employees. 

Sec.  31.  The  Council  shall  have  the  power  by  ordinance 
to  create,  consolidate  and  discontinue  offices,  deputyships, 
assistantships  and  employments  other  than  those  prescribed 
in  this  Charter.  The  Council  shall  also  have  the  powder,  ex- 
cept as  otherwise  provided  in  this  Charter,  to  prescribe  the 
methods  by  which  such  offices,  deputyships,  assistantships 
and  employments  shall  be  filled,  and  the  duties  pertaining 
thereto,  and  also  the  method  by  which  any  such  office,  depu- 
tyship,  assistantship  or  employment  shall  be  declared  vacant 
and  the  holder  thereof  removed  therefrom. 

Compensation  of  Officers  and  Employees. 

Sec.  32.  The  compensation  of  all  City  officers,  officials  or 
employees  not  fixed  in  this  Charter  shall  be  fixed  by  the  Coun- 
cil, except  where  this  Charter  provides  that  such  officials  or 
employees  shall  receive  no  compensation  or  that  their  com- 
pensation shall  be  fixed  by  a  person,  board  or  body  other 
than  the  Council.  No  officer,  official  or  employee  of  the 
City  shall  receive  from  any  source  any  fee,  perquisite,  emol- 
ument, reward  or  compensation  other  than  the  compensa- 
tion provided  for  in  this  Charter  or  by  the  Council.  All  fees 
collected  by  any  oflficer,  official  or  employee  of  the  City  shall 
be  paid  by  him  into  the  City  Treasury. 

Pension  for  Superannuated  Employees. 

Sec.  33.  Whenever  any  employee  of  the  City  of  Oakland 
except  a  member  of  the  Police  or  Fire  Department,  shall 
have  been  continuously  employed  in  the  service  of  the  City 
f  0^  a  period  of  twenty-five  years  and  shall  have  attained  the 
agejof  sixty-five  years  the  Council  shall  have  the  power  upon 
the  unanimous  recommendation  of  the  Civil  Service  Board 
to  retire  said  person  and  shall  have  the  power  to  order  to  be 
paid  to  said  person  so  retired  a  pension  during  the  remainder 
of  his  life.  Said  pension  shall  not  exceed  a  sum  equal  to 
one-half  of  the  salary  paid  to  said  employee  at  the  time  of 
his  retirement. 

27 


Reports  of  Departments. 

Sec.  34.  The  Mayor  and  Commissioners  comprising  the 
Council,  the  Auditor,  the  Treasurer,  the  Chief  of  Police,  the 
Chief  of  the  Fire  Department,  the  Board  of  Library  Direc- 
tors, the  Board  of  Park  Directors,  the  Board  of  Playground 
Directors,  the  Health  Officer  and  all  other  officers,  officials 
and  boards  shall  each  of  them  render  annually,  or  of tener  if 
required  by  the  Council,  a  full  and  complete  written  report 
of  the  business  transacted  by  each  of  them'  and  their  sub- 
ordinates subsequent  to  the  rendering  of  their  last  previous 
report  together  with  comments  on  and  recommendations  for 
the  betterment  of  the  work  of  their  offices.  Such  reports 
shall  be  filed  with  the  City  Clerk.  The  Council  shall  have 
the  power  to  order  such  of  said  reports  printed  in  pamphlet 
form  as  it  may  deem  advisable  to.be  so  printed. 

Commissioners  to  Hold  No  Other  Office. 

Sec.  35.  No  Commissioner  shall  hold  any  other  municipal 
office  or  any  other  office  or  employment  the  compensation 
for  which  is  paid  out  of  any  City  moneys ;  or  be  appointed 
or  elected  to  any  office  created  by  t^i-^  "-  ^  ^^'^^  or  ^b^  compen- 
sation of  which  is  increased  by  the  Council  while  he  is  a 
member  thereof,  until  at  least  one  year  shall  have  expired 
after  the  expiration  of  the  term  for  which  he  was  elected. 

Officers  Not  to  Be  Interested  in  Contracts  or  Franchises. 

Sec.  36.  No  officer  or  employee  shall  as  agent,  attorney 
or  otherwise,  be  directly  or  indirectly  interested  in  any  con- 
tract, work  or  business  of  the  City,  or  in  the  sale  of  any  arti- 
cle, the  expense,  price  or  consideration  of  which  is  paid  for 
from  the  treasury  or  by  assessment  levied  by  Municipal 
authority ;  nor  in  the  purchase  or  lease  of  any  real  estate  or 
other  property  belonging  to  the  City  or  which  shall  be  sold 
for  taxes  or  assessments  or  by  virtue  of  legal  process  at  the 
suit  of  the  City.  No  officer  or  employee,  except  call  men 
or  extra  men  employed  in  the  Fire  Department'  of  the  City 
shall  be  in  the  employ  of  any  public  service  corporation  in 
the  City. 

Any  violation  of  the  provisions  of  this  section  shall  be 
cause  for  removal  from  office. 

The  Council  shall  enforce  the  provisions  of  this  section  by 
appropriate  legislation. 

Payment  of  Debts. 

Sec.  361/2-  Failure  of  any  employee  to  promptly  pay  any 
legal  indebtedness  for  the  necessaries  of  life  contracted  by 
him  while  in  the  service  of  the  City  shall  be  ground  for  his 
removal  from  such  employment. 

No  Officer  to  Direct  Subordinate  to  Do  Other  Than  Official 
Service. 

Sec.  37.  No  officer  or  employee  of  the  City  of  Oakland  shall 

28 


detail  or  cause  any  officer,  employee  or  subordinate  officer  of 
the  City  of  Oakland,  or  any  part  thereof,  to  do  or  perform 
any  service  or  work  outside  of  his  public  service,  v^ork  or 
employment,  and  any  violation  of  this  section  shall  consti- 
tute a  misdemeanor,  punishable  by  a  fine  of  not  more  than 
Five  Hundred  Dollars,  or  by  imprisonment  for  not  more  than 
six  months. 

City  Officers  and  Employees    Not  to  Hold    Other    Public 
Offices  of  Profit. 

Sec.  38.  No  person  holding  any  office,  position  or  em- 
ployment under  the  City  government  shall  be  eligible  to  or 
hold  any  other  elective  or  appointive  office  under  the  gov- 
ernment of  the  City  of  Oakland.  And  no  person  holding  any 
office,  position  or  employment  under  the  city  government 
carrying  v^ith  it  a  salary  or  emoluments  of  more  than  fifty 
(50)  dollars  per  month,  paid  out  of  any  money  of  the  City 
shall  hold  any  such  position  under  the  City  government 
while  holding  any  office  or  position  of  profit  under  the  gov- 
ernment of  this  State,  of  any  other  State,  of  the  United 
States  or  of  any  other  nation,  government  or  country.  The 
Council  shall  pass  such  ordinances  or  resolutions  as  may  be 
necessary  to  carry  out  the  provisions  hereof. 

ARTICLE  VHI. 
THE  COUNCIL. 

The  Council,  the  Governing  Body. 

Sec.  39.  The  Council  shall  be  the  governing  body  of  the 
Municipality.  It  shall  exercise  the  corporate  powers  of  the 
City,  and,  subject  to  the  express  limitations  of  this  Charter, 
shall  be  vested  with  all  powers  of  legislation  in  municipal 
affairs  adequate  to  a  complete  system  of  local  government 
consistent  with  the  Constitution  of  the  State. 

President  and  Vice-President. 

Sec.  40.  The  Mayor  shall  be  President  of  the  Council  and 
shall  preside  at  its  meetings  when  present.  The  Council 
shall  elect  one  of  its  number  to  be  Vice-President. 

Meetings  of  the  Council. 

Sec.  41.  At  eleven  o'clock  a.  m.  on  the  first  day  of  July 
following  the  canvass  of  the  General  Muncipal  Election,  the 
Council  shall  meet,  at  which  time  the  newly  elected  Commis- 
sioners shall  assume  the  duties  of  their  office.  The  Council 
shall  meet  in  regular  session  every  day  (Saturdays,  Sundays 
and  legal  holidays  excepted),  at  11  o'clock  a.  m. 

Special  meetings  of  the  Council  may  be  held  at  any  time 
on  the  written  request  of  any  two  Commissioners  filed  with 
the  City  Clerk;  provided,  that  the  said  written  request  for 
said  special  meeting  shall  set  forth  the  object  of  the  special 

29 


meeting.  The  said  Clerk  shall  give  reasonable  notice  to  each 
Commissioner  of  the  time  of  said  special  meeting  and  the 
object  thereof,  and  at  said  special  meeting  no  other  business 
shall  be  transacted  than  that  specified  in  the  said  written 
request. 

Executive  sessions  of  the  Council  may  be  held  at  any  time, 
provided,  that  no  executive  session  shall  be  held  with  any 
other  person  present  than  an  elected  or  appointed  officer  of 
the  City. 

Office  Hours. 

Sec.  42.  Each  Commissioner  shall  have  an  office  at  the 
City  Hall  set  apart  and  furnished  by  the  City,  and  he  shall 
be  in  his  said  office,  where  he  can  be  interviewed  by  citizens 
or  persons  having  business  to  transact  with  the  City,  be- 
tween the  hours  of  10  o'clock  a.  m.  and  11  o'clock  a.  m., 
except  when  prevented  by  sickness  or  other  good  cause 
or  except  when  absent  by  permission  of  the  Council,  daily 
(Saturdays,  Sundays  and  legal  holidays  excepted) . 

Meetings  to  be  Public. 

Sec.  43.  All  sessions  of  the  Council,  whether  regular  or 
special,  at  which  any  official  action  is  taken  shall  be  open  to 
the  public. 

Quorum. 

Sec.  44.  A  majority  of  the  members  of  the  Council  shall 
constitute  a  quorum  for  the  transaction  of  business. 

Rules  of  Proceeding. 

Sec.  45.  The  Council  shall  establish  rules  for  its  pro- 
ceedings. 

Ordinances  and  Resolutions. 

Sec.  46.  (1)  The  Council  shall  act  only  by  ordinance  or 
resolution. 

Ayes  and  Noes. 

(2)  The  Council  shall  pass  ordinances  and  resolutions 
only  by  taking  the  ayes  and  noes,  which  shall  be  entered  in 
its  minute  book.  Upon  the  demand  of  any  member  the  ayes 
and  noes  shall  be  taken  and  recorded  on  any  motion.  All 
votes  of  the  Council  on  appointments  or  declaring  positions 
vacant  shall  be  by  ayes  and  noes,  and  recorded. 
Majority  Vote  of  Council. 

(3)  No  ordinance  or  resolution  shall  be  passed  or  become 
effective  without  receiving  the  affirmative  votes  of  at  least 
three  members  of  the  Council. 

Subject  of  Title. 

(4)  Every  ordinance  or  resolution,  except  an  ordinance 

30 


making  appropriations,  shall  be  confined  to  one  subject, 
which  shall  be  clearly  expressed  in  the  title,  and  every  ordin- 
ance making  appropriations  shall  be  confined  to  the  subject 
of  appropriations,  and  shall  contain  only  one  such  appropria- 
tion. If  any  subject  shall  be  embraced  in  an  ordinance  which 
shall  not  be  expressed  in  its  title,  such  ordinance  shall  be 
void  only  as  to  so  much  thereof  as  shall  not  be  expressed  in 
its  title. 

Enacting  Clause  of  Ordinances. 

(5)  The  enacting  clause  of  all  ordinances  passed  by  the 
Council  shall  be  substantially  in  these  words:  "Be  it  or- 
dained by  the  Council  of  the  City  of  Oakland  as  follows" : 

Requirements  of  an  Ordinance. 

(6)  To  constitute  an  ordinance  a  bill  must  before  final 
action  thereon,  be  passed  to  print  and  published  with  the 
a"yes  and  noes  for  two  days,  and,  in  case  of  any  amendment 
being  made  thereto  before  the  final  adoption  of  the  ordin- 
ance, must  in  like  manner  be  republished  as  amended  for 
not  less  than  one  day. 

No  ordinance  shall  be  finally  passed  by  the  Council  until  it 
has  been  read  in  open  Council  three  times  and  printed  as 
provided  in  the  Charter.  Between  the  second  and  third  read- 
ings at  least  one  week  shall  elapse.  All  ordinances  shall  be 
printed  as  provided  in  this  Charter  after  having  been  read  in 
the  Council  the  second  time.  Whenever  and  as  often  as  any 
ordinance  under  consideration  by  the  Council  shall  be 
amended  the  said  ordinance,  as  amended,  shall  be  considered 
to  have  been  read  only  once  and  shall  be  read  a  second  time, 
passed  to  print  and  read  a  third  time  before  being  finally 
passed. 

Ordinances  Required  in  Certain  Cases. 

(7)  No  action  providing  for  any  specific  improvements ; 
for  the  appropriation,  acquisition,  transfer,  sale  or  lease  of 
public  property;  for  the  levying  of  any  tax  or  assessment; 
for  establishing  or  changing  fire  limits,  or  for  the  imposing 
of  any  penalty,  shall  be  taken,  and  no  franchise  shall  be 
granted  except  by  ordinance;  provided,  that  such  excep- 
tions be  observed  as  may  be  called  for  in  cases  where  the 
Council  takes  action  in  pursuance  of  a  general  law  of  the 
State. 

All  appropriations  of  money  by  the  Council  shall  be  by  or- 
dinance, provided  that  appropriations  for  sums  less  than 
Five  Hundred  (500)  Dollars  may  be  made  by  resolution,  on 
which  a  vote  by  ayes  and  noes  shall  be  taken  and  recorded ; 
provided  further  that  four  affirmative  votes  shall  be  re- 
quired to  pass  such  resolution;  provided  further  that  only 
one  such  resolution  shall  be  passed  appropriating  money,  di- 
rectly or  indirectly,  for  any  one  purpose  or  object,  or  for  any 

31 


two  or  more  purposes  or  objects  directly  or  indirectly  relat- 
ed to  each  other  or  which  may  be  directly  or  indirectly  parts 
of  the  same  general  or  particular  scheme  or  proposition. 

Reconsideration. 

(8)  When  any  bill  is  put  upon  its  final  passage  and  fails 
to  pass,  and  a  motion  is  made  to  reconsider,  the  vote  upon 
such  motion  shall  not  be  taken  except  at  a  meeting  of  the 
Council  held  not  less  than  one  week  after  the  meeting  at 
which  such  motion  was  made. 

Signing  and  Attesting. 

(9)  The  City  Clerk  shall,  with  the  Mayor,  sign  and  at- 
test all  ordinances  and  resolutions. 

Revision  and  Amendment. 

(10)  No  ordinance  shall  be  amended  or  changed  except 
by  ordinance.  And  the  section  or  sections  which  it  is  pro- 
posed to  alter  shall  be  printed  in  full  together  with  the  sec- 
tion or  sections  which  it  is  proposed  to  adopt. 

Ordinances  Granting  Franchises. 

(11)  No  bill  for  the  grant  of  any  franchise  shall  be  put 
upon  its  final  passage  within  thirty  days  after  its  introduc- 
tion, and  no  franchise  shall  be  renewed  before  two  years 
prior  to  its  expiration. 

Record  of  City  Ordinances. 

(12)  A  true  and  correct  copy  of  all  ordinances  shall  be 
kept  and  certified  to  by  the  City  Clerk  in  a  book  marked 
*'City  Ordinances,"  which  book  shall  be  indexed  as  to  each 
ordinance.  Such  record  copy,  with  such  certificate,  or  the 
original  ordinance,  shall  be  prima  facie  evidence  of  the  con- 
tents of  the  ordinance  and  of  the  due  passage  and  publication 
of  the  same,  and  shall  be  admissible  as  such  in  any  court 
or  proceeding.  Such  records  shall  not  be  filed  in  any  case, 
but  shall  be  returned  to  the  custody  of  the  City  Clerk.  Noth- 
ing herein  contained  shall  be  construed  to  prevent  the  proof 
of  the  passage  and  publication  of  an  ordinance  in  the  usual 
way. 

Protection  of  Absent  Commissioner. 

Sec.  47.  No  final  action  shall  be  taken  in  any  matter  con- 
cerning the  special  Department  of  any  absent  Commissioner 
unless  such  business  has  been  made  a  special  order  of  the 
day  by  action  at  a  previous  meeting  of  the  Council  at  which 
such  Commissioner  was  present,  or  such  action  is  taken  at  a 
regular  meeting  of  the  Council. 
Publication  of  Charter  and  Ordinances. 

Sec.  48.  The  Council,  during  the  first  year  after  its  or- 
ganization under  this  Charter  and  from  time  to  time  there- 
after, shall  cause  all  ordinances  at  such  time  in  force  to  be 


classified  under  appropriate  heads,  and,  together  with  or  sep- 
arately from  the  Charter  of  the  City  and  such  provisions  of 
the  Constitution  and  laws  of  the  State  as  the  Council  may 
deem  expedient,  to  be  published  in  book  form.  The  Council 
shall,  as  soon  as  convenient,  cause  the  Ordinances  of  the 
City  to  be  codified  in  two  classes,  civil  and  criminal. 

ARTICLE  IX. 

POWERS  OF  THE  CITY  AND  OF  THE  COUNCIL. 

General  Powers  of  the  City. 

Sec.  49.     Without  denial  or  disparagement  of  other  pow- 
ers now  held  by  or  that  may  hereafter  be  given  to  the  City 
under  or  by  the  Constitution  or  the  laws  of  the  State,  the 
City  of  Oakland  shall  have  power: 
Seal. 

(1)  To  make,  have  and  use  a  corporate  seal  and  to  al- 
ter the  same  at  pleasure ; 

To  Sue  and  Be  Sued. 

(2)  To  sue  and  be  sued  in  all  actions  and  proceedings 
whatever ; 

To  Receive  Gifts. 

(3)  To  receive  bequests,  gifts  and  donations  of  all  kinds 
of  property  in  fee  simple  or  in  trust  for  public,  charitable  or 
other  purposes;  and  to  do  all  things  and  acts  necessary  to 
carry  out  the  purpose  or  purposes  of  such  gifts,  bequests 
and  donations,  with  power  to  manage,  sell,  lease  or  other- 
wise handle  or  dispose  of  the  same  in  accordance  with  the 
terms  of  the  gift,  bequest  or  donation ; 

To  Acquire  Property. 

(4)  To  acquire  by  purchase,  condemnation  or  otherwise, 
take,  hold,  lease,  sell,  grant,  convey  and  incumber  such  rea! 
and  personal  or  mixed  property  or  interest  therein,  whether 
located  within  or  without  the  limits  of  the  City,  as  may  be 
necessary  or  convenient  for  the  purposes  of  the  City ; 

Public  Buildings,  Works  and  Institutions. 

(5)  To  acquire  by  purchase,  condemnation  or  otherwise, 
and  to  construct,  establish,  maintain,  equip,  own  and  operate 
libraries,  reading  rooms,  art  galleries,  museums,  schools,  kin- 
dergartens, parks,  playgrounds,  places  of  recreation,  foun- 
tains, baths,  public  toilets,  markets,  market  houses,  abat- 
toirs, dispensaries,  infirmaries,  hospitals,  free  munici- 
pal employment  offices,  charitable  institutions,  jails, 
houses  of  correction  and  farm  schools,  work 
houses,  detention  houses,  morgues,  cemeteries,  crema- 
tories, garbage  collection,  garbage  disposal  and 
garbage  reduction  works,  street  cleaning  and  street 
sprinkling  plants  and  apparatus,  quarries,  plants  for  the  pro- 

38 


duction,  making  or  assembling  of  asphalt  or  of  any  other 
substance  or  material  for  use  in  the  building,  maintenance  or 
repair  of  streets ;  plants,  appliances  and  equipment  for  the 
construction,  maintenance  and  repair  of  wharves,  docks, 
slips  and  quays,  and  for  the  maintenance  of  proper  depths 
of  water  on  and  along  the  water  front  of  the  City,  including 
pile  drivers,  dredging  machines,  scows,  tugs  and  suitable 
machinery ;  wharves,  docks,  waterways,  canals  and  all  other 
public  buildings,  places,  works  and  institutions. 

Belt  Railway. 

(6)  To  construct  or  to  acquire  by  purchase  and  to  main- 
tain and  operate  belt  lines  of  railroad  along  the  water  front 
or  elsewhere  within  the  City,  with  the  necessary  spurs  and 
connections  for  the  purpose  of  connecting  warehouses,  man- 
ufactories or  other  business  industries  and  enterprises  with 
each  other  and  with  any  other  railroad  or  railroads  which  do 
now  or  may  hereafter  enter  the  City,  and  to  connect  such 
lines  of  railroad  with  each  other  and  to  connect  such  ware- 
houses, manufactories  or  enterprises,  and  railroads  with 
docks  and  ships  and  to  connect  docks  and  ships  with  each 
other. 

Waterfront  and  Wharves. 

(7)  To  improve,  keep  in  repair  and  control  the  water 
front  of  the  City ;  to  fix  the  rates  of  wharfage,  dockage  and 
tolls  and  provide  for  the  collection  thereof ;  to  license,  regu- 
late and  control,  or  restrain  the  landing,  anchorage  and 
moorage  of  steamboats,  sailing  vessels,  rafts,  tug  boats  and 
all  other  water  craft  within  the  jurisdiction  of  the  City. 

To  deepen,  widen,  dock,  cover,  wall,  alter  or  change  the 
channels  of  water-ways  and  courses,  and  to  provide  for  the 
construction  and  maintenance  of  all  such  works  as  may  be 
required  for  the  accommodation  of  commerce,  including 
canals,  ferries,  slips,  public  landing  places,  wharves,  docks 
and  levees,  and  including  the  acquiring  and  maintenance  of 
machinery  and  other  appliances  for  the  expeditious  and  eco- 
nomical handling  of  merchandise;  and  to  control  and  regu- 
late the  use  thereof. 

Water,  Light,  Heat  and  Power. 

(8)  To  provide  for  supplying  the  City  and  its  inhabi- 
tants with  water,  gas,  electricity  or  either  or  any  thereof,  or 
with  any  other  means  of  heat,  illumination,  power  or  refrig- 
eration; and  to  acquire  by  purchase,  condemnation,  con- 
struction, lease  or  otherwise,  and  to  establish,  maintain, 
equip,  own  and  operate  plants  and  equipments  for  the  pro- 
duction and  management  or  distribution  of  gas,  electricity, 
heat,  refrigeration  or  power  in  any  of  their  forms,  by  pipes, 
wire  or  other  means. 

34 


Tunnels  and  Conduits. 

(9)  To  acquire  by  purchase,  condemnation,  construction, 
lease  or  otherwise,  and  to  establish,  maintain,  equip  and  op- 
erate tunnels  and  conduits  through  or  under  any  street,  right 
of  way  or  other  public  property  and  to  lease  or  rent  the  use 
of  such  tunnels  and  conduits;  provided,  however,  that  the 
exclusive  use  of  any  tunnel  or  conduit  shall  never  be  leased 
or  rented  to  any  one  person,  firm  or  corporation. 

Telephone,  Telegraph  and  Transportation. 

(10)  To  acquire  by  purchase,  condemnation,  construc- 
tion, lease  or  otherwise  and  to  establish,  maintain,  equip, 
own  and  operate  telephone  and  telegraph  systems,  railways 
and  ferries  and  transportation  service  of  any  kind,  when 
not  contrary  to  the  general  law. 

Sale  of  Products  of  Public  Utilities. 

(11)  To  sell>  within  or  without  the  City,  gas,  water, 
electric  current  and  any  form  of  light,  heat  or  power  and 
all  products  of,  or  service  by  any  public  utility  conducted 
or  operated  by  the  city. 

Lease  of  Public  Utilities. 

(1*2)  To  lease  to  persons,  firms  or  corporations  for  the 
purpose  of  maintenance  and  operation  or  use,  any  public 
utility  owned  or  controlled  by  the  City,  provided  that  such 
leases  shall  be  made  only  by  Ordinance  to  the  highest  bidder 
and  for  a  period  not  to  exceed  ten  years. 

Joint  Ownership  of  Water  Supply. 

(13)  To  join  with  one  or  more  cities  incorporated  under 
the  Constitution  and  laws  of  the  state  in  order  to  acquire  and 
develop  jointly  a  source  or  sources  of  water  supply  for  muni- 
cipal and  domestic  purposes  and  to  construct  the  works 
necessary  for  their  joint  and  several  purposes  and  needs, 
and  to  unite  with  such  cities  in  bond  issues  therefor,  as  may 
be  provided  for  by  the  laws  of  this  State. 

Borrowing  Money,  Bonds,  General. 

(14)  To  borrow  money  for  any  of  the  purposes  for  which 
the  City  is  authorized  to  provide  and  for  carrying  out  any  of 
the  powers  which  the  City  is  authorized  to  enjoy  and  exer- 
cise and  to  issue  bonds  therefor;  provided,  that  in  the  pro- 
cedure for  the  creation  of  such  bonded  indebtedness  and  for 
the  issuance  of  such  bonds  the  general  laws  of  the  State  of 
California  in  force  at  the  time  such  proceedings  are  taken 
shall  be  observed  and  followed. 

Borrowing  Money,  Bonds.  Special. 

(15)  To  borrow  money  for  any  or  all  of  the  following 
speci^ed  purposes: 

To  improve  and  keep  in  repair  the  water  front  of  the  City ; 
to  deepen,  widen,  dock,  cover,  wall,  alter  or  change  the  chan- 

35 


nels  of  water  ways  and  courses  and  to  provide  for  the  con- 
struction and  maintenance  of  all  such  works  as  may  be  re- 
quired for  the  accommodation  of  commerce,  including  canals, 
ferries,  slips,  public  landing  places,  wharves,  docks  and 
levees,  and  including  the  acquiring  and  maintenance  of  ma- 
chinery and  other  appliances  for  the  expeditious  and  eco- 
nomical handling  of  merchandise;  to  acquire  by  purchase, 
condemnation  or  otherwise  and  to  construct,  establish  and 
maintain  plants,  appliances  and  equipment  for  the  construc- 
tion, maintenance  and  repair  of  wharves,  docks,  slips  and 
quays,  and  for  the  maintenance  of  proper  depths  of  water 
on  and  along  the  water  front,  including  pile  drivers,  dredg- 
ing machines,  scows,  docks  and  suitable  machinery;  to  con- 
struct or  acquire  by  purchase  and  to  maintain  and  operate 
belt  lines  of  railroads  as  provided  for  in  subdivision  six  (6) 
hereof ;  and  to  issue,  as  security  for  the  money  so  borrowed, 
bonds  of  the  City,  and  to  provide  for  the  payment  of  the 
principal  and  interest  thereof  out  of  the  revenues  from  any 
or  all  of  the  properties  in  this  subdivision  mentioned;  pro- 
vided that  in  the  procedure  for  the  creation  of  such  bonded 
indebtedness  and  for  the  issuance  of  such  bonds  the  general 
laws  of  the  State  of  California  in  force  at  the  time  such 
proceedings  are  taken,  shall  be  observed  and  followed,  so  far 
as  applicable. 

Direct  Legislation  by  People. 

Section  50.  The  electors  of  the  City  shall  have  power 
through  the  initiative  and  otherwise,  as  provided  by  this 
Charter,  to  enact  appropriate  legislation  to  carry  out  and 
enforce  any  of  the  above  general  powers  of  the  City  or  any 
of  the  specified  powers  of  the  Council. 

Powers  of  the  Council. 

Sec.  51.  Except  as  herein  otherwise  expressly  provided, 
the  Council  shall  exercise  all  the  general  powers  of  the  City 
herein  set  forth  and  all  powers  now  held  by  or  that  may 
hereafter  be  given  to  the  City  under  the  Constitution  or  the 
laws  of  the  State;  but  only  in  the  manner  and  under  the 
conditions  of  this  Charter,  and  subject  to  all  the  provisions 
thereof. 

In  addition  to  all  such  powers,  the  Council,  subject  to  the 
provisions  and  restrictions  of  this  Charter,  shall  have  power: 

Local  Laws. 

(1)  To  make  and  enforce  local,  police,  sanitary  and  other 
laws  and  regulations. 

Violation  of  Charter  and  Ordinances. 

(2)  To  prescribe  fines,  forfeitures  and  penalties  for  the 
violation  of  any  provision  of  this  Charter  or  of  any  Ordin- 


ance ;  but  no  penalty  shall  exceed  five  hundred  (500)  dollars 
or  six  months  imprisonment,  or  both. 

Nuisances. 

(3)  To  declare  what  shall  constitute  a  nuisance  and  to 
provide  for  the  summary  abatement  of  the  same  at  the  ex- 
pense of  the  person  or  persons  creating,  causing,  committing 
or  maintaining  such  nuisances,  or  otherwise. 

Rewards. 

(4)  To  offer  rewards  not  exceeding  two  hundred  and 
fifty  (250)  dollars  in  any  one  instance  for  the  apprehension 
and  conviction  of  any  person  who  commits  a  felony  in  the 
City,  and  to  authorize  the  payment  thereof. 

Police  and  Fire  Departments. 

(5)  To  organize,  provide,  maintain  and  operate  police 
and  fire  departments,  erect  necessary  buildings  and  acquire 
all  implements  and  apparatus  necessary  therefor,  subject 
to  the  provisions  of  this  Charter. 

Police  and  Fire  Alarm  Systems. 

(6)  To  establish,  operate  and  maintain  a  fire  alarm  and 
police  telegraph  or  telephone  system  and  maintain  and  con- 
trol the  same. 

Explosives. 

(7)  To  regulate  or  prohibit  the  manufacture,  keeping, 
storage  and  use  of  powder,  dynamite,  guncotton,  nitroglycer- 
ine, fireworks  and  other  explosive  materials  and  substances. 

Inflammable  Materials. 

(8)  To  regulate  the  storage  of  hay,  straw,  gasoline,  ben- 
zine, oil  and  other  inflammable  and  combustible  materials. 

Engines  and  Boilers. 

(9)  To  regulate  the  use  of  steam  engines,  gas  engines, 
steam  boilers,  electric  motors  and  all  other  means  of  gener- 
ating heat  or  power,  and  to  prohibit  their  use  in  such  locali- 
ties as  in  the  judgment  of  the  Council  would  endanger  pub- 
lic health,  safety  or  comfort. 

Fire  Limits. 

(10)  To  prescribe  fire  limits  and  determine  the  character 
and  height  of  buildings  that  may  be  erected  therein  and  the 
nature  of  the  materials  to  be  used  in  the  construction,  alter- 
ation or  repair  of  such  buildings  or  in  the  repair  or  altera- 
tion of  existing  buildings  within  such  fire  limits. 

Building  Regulations. 

(11)  To  regulate  the  construction  of  and  the  materials 
used  in  all  buildings,  chimneys,  stacks,  scaffolding,  staging, 
and  false  work  and  other  structures ;  to  prevent  the  erection 

37 


and  maintenance  of  insecure  or  unsafe  buildings,  walls, 
chimneys,  stacks  or  other  structures,  and  to  provide  for  their 
summary  abatement  or  destruction;  to  regulate  the  ma- 
terials used  in  and  the  method  of  construction  of  founda- 
tions and  foundation  walls,  the  manner  of  construction  and 
location  of  drains  and  sewers,  the  materials  used  in  wiring 
buildings  or  other  structures  for  the  use  of  electricity  for 
lighting,  power,  heat  or  other  purposes,  and  materials  used 
for  piping  buildings  or  other  structures  for  the  purpose  of 
supplying  the  same  with  water,  steam,  oil  or  gas,  and  the 
manner  of  so  doing;  to  prohibit  the  construction  of  build- 
ings and  structures  which  do  not  conform  to  such 
regulations. 

Fire  Escapes. 

(12)  To  require  the  owners  and  lessees  of  buildings  or 
other  structures  to  place  on  them  or  in  them  fire  escapes  and 
appliances  for  protection  against  fire  and  for  the  extinguish- 
ment of  fires. 

Protection  Against  Fires. 

(13)  To  prevent  the  construction  and  to  cause  the  re- 
moval of  dangerous  chimneys,  fireplaces,  hearths,  stoves, 
srove  pipes,  ovens,  boilers,  apparatus  and  machinery  used  in 
any  building  in  the  City;  to  regulate  the  carrying  on  of 
manufactories  liable  to  cause  fire ;  to  prevent  the  depositing 
of  ashes,  the  accumulation  of  shavings,  rubbish,  or  any 
combustible  or  explosive  material  in  unsafe  places,  and  to 
make  other  provisions  to  guard  against  fires. 

Provisions  for  Safety  in  Theaters,  Halls,  Etc. 

(14)  To  regulate  the  size  and  construction  of  the  en- 
trances to  and  exits  from  all  theaters,  lecture  rooms,  halls, 
schools,  churches,  and  other  places  for  public  gatherings  of 
every  kind  and  to  prevent  the  placing  of  seats,  chairs, 
benches  or  other  obstructions  in  the  hallways,  aisles  or  open 
places  therein,  and  to  regulate  the  size  and  position  of 
aisles,  open  places,  stairways  and  exits  in  such  theaters, 
lecture  rooms,  halls,  schools,  churches  and  other  places  for 
public  gatherings  of  any  kind. 

Provision  for  Safety  in  Streets. 

'^  (15)  To  regulate  the  speed  of  railroad  trains,  engines 
and  cars,  street,  interurban  and  other  railroad  cars  in  or 
passing  through  the  City,  and  to  require  persons,  firms  or 
corporations  operating  street,  interurban  or  other  railroads 
in  the  City  to  station  flagmen,  place  gates  or  other  safety 
devices  and  construct  and  use  bridges,  viaducts,  tunnels  or 
subways  at  street  crossings  and  at  railroad  crossings  as  the 
Council  may  deem  proper.  To  require  street  car  and  local 
trains  to  be  provided  with  fenders  or  other  appliances  for 

38 


the  better  protection  of  the  public.  To  prohibit  the  making 
up  of  railroad  trains  on  any  of  the  streets,  street  crossings 
or  street  intersections  of  the  City.  To  regulate  the  speed 
with  and  the  manner  in  which  persons  may  ride  or  drive 
or  propel  bicycles,  automobiles  or  other  vehicles  along  or 
upon  any  of  the  streets  or  highways  of  the  City. 

Improper  Use  of  Streets. 

(16)  To  regulate  or  prohibit  the  exhibition,  posting,  or 
carrying  of  banners,  placards,  posters,  cards,  pictures,  signs 
or  advertisements  in  or  on  the  street,  or  on  or  upon  build- 
ings, fences,  billboards  or  other  structures,  or  on  or  upon 
any  pole  in  any  sidewalk,  alley,  street,  lane,  court,  park  or 
other  public  place ;  to  regulate  or  prohibit  the  suspension  of 
banners,  flags,  signs,  advertisements,  posters,  pictures  or 
cards  across  or  over  any  sidewalk,  alley,  street,  lane,  court, 
park,  or  other  public  place,  or  such  suspension  from  fences, 
poles,  houses,  or  other  structures;  to  regulate  or  prohibit 
traffic,  business,  peddling  or  selling  of  goods,  wares,  mer- 
chandise, or  other  things  in  or  upon  any  sidewalk,  street, 
alley,  lane,  court,  park  or  other  public  place ;  to  regulate  or 
prohibit  the  flying  of  kites  in  or  from  any  sidewalk,  alley, 
street,  lane,  court,  park  or  other  public  place;  to  prohibit 
and  prevent  encroachments  upon  or  obstruction  in  or  to 
any  sidewalk,  street,  alley,  lane,  court,  park  or  other  public 
place,  and  to  provide  for  the  removal  of  such  encroachment 
or  obstruction. 

To  regulate  all  public  meetings  and  gatherings,  parades 
and  processions  in  the  streets  or  parks,  and  to  determine 
what  public  meetings,  gatherings,  parades  or  processions 
upon  the  streets  or  parks  shall  be  unlawful  and  to  declare 
the  same  nuisances. 

Shade  Trees. 

(17)  To  provide  for  the  planting,  maintenance  or  care 
of  shade  and  ornamental  trees  in  streets  and  other  public 
places,  and  for  the  removal  of  unsightly  and  dead  trees 
therefrom ;  and  to  make  the  cost  thereof  a  lien  and  charge 
upon  the  abutting  property,  and  to  make  provision  for  the 
enforcement  of  such  lien. 

Clearing  of  Sidewalks. 

(18)  To  require  the  owners  of  real  property  in  the  city 
to  remove  grass,  weeds,  rubbish  or  obstructions  from  the 
public  sidewalks  in  front  of  their  property,  and,  upon  their 
default,  to  cause  such  work  to  be  done  and  the  cost  thereof 
to  be  made  a  lien  and  charge  upon  such  property,  and  to 
make  provision  for  the  enforcement  of  such  lien. 

Sewer  and  Other  Connections. 

(19)  To  require  the  own.ers  of  real  property  fronting 

39 


upon  any  street,  lane,  alley  or  other  public  place,  in  which 
there  are  sewers,  water  or  gas  mains  or  other  mains  or  con- 
duits, to  connect  therewith  their  several  premises  (allowing 
not  more  than  fifty  feet  of  frontage  to  any  premises),  before 
such  street,  lane,  alley  or  other  public  place,  or  the  portion 
thereof  upon  which  such  property  fronts,  is  paved  or  other- 
wise improved,  and  upon  their  default,  to  cause  such  con- 
nections to  be  made  and  to  make  the  cost  thereof  a  lien  and 
charge  upon  the  property  so  connected,  and  to  make  pro- 
vision for  the  enforcement  of  such  lien. 

General  Regulation  of  Streets. 

(29)  Except  as  otherwise  provided  in  this  Charter,  or  in 
the  Constitution  of  the  State  of  California,  to  regulate  and 
control,  for  any  and  every  purpose,  the  use  of  the  streets, 
lanes,  alleys,  courts  and  sidewalks,  and  other  public  places  of 
the  City. 

Billboards  and  Signs. 

(21)  To  regulate,  license  or  prohibit  the  construction 
and  use  of  billboards,  signs  and  fences. 

Animals- 

(22)  To  regulate  and  prevent  the  running  at  large  of 
any  animals,  to  provide  for  the  destruction  of  vicious  dogs, 
to  require  the  payment  of  license  fees  by  the  owners  or  per- 
sons having  possession  of  dogs,  and  to  establish  and  main- 
tain a  pound  and  authorize  the  destruction  or  other  disposi- 
tion of  any  animals  running  at  large. 

Cruelty  to  Animals. 

(23)  To  prohibit  and  punish  cruelty  to  animals,  and  to 
require  the  places  where  they  are  kept  to  be  maintained  in 
a  clean  and  healthful  condition. 

Preservation  of  health. 

(24)  To  make  all  regulations  which  may  be  necessary 
and  expedient  for  the  preservation  of  health  and  the  sup- 
pression of  disease;  to  make  regulations  to  prevent  the  in- 
troduction of  contagious,  malignant,  infectious  or  other 
diseases  into  the  City ;  to  make  quarantine  laws  and  regula- 
tions; to  regulate,  control  and  prevent  the  entry  into  the 
City  of  persons,  baggage,  merchandise  or  other  property 
infected  with  contagious  disease,  or  coming  from  places 
where  infectious  or  contagious  diseases  are  epidemic  or 
endemic. 

Dangerous  and  offensive  occupations;  disagreeable  noises. 

(25)  To  regulate  or  prohibit  the  operation  of  all  manu- 
factories; occupations,  businesses  or  trades  which  may  be  of 
such  a  nature  as  to  affect  the  public  health,  safety  or  comfort 
or  good  order  of  the  City  or  disturb  the  public  peace,  or 

40 


which  may  be  offensive  or  dangerous  to  the  inhabitants  re- 
siding in  the  vicinity,  and  to  provide  for  the  punishment  of 
all  persons  violating  such  regulations  and  the  punishment  of 
all  persons  who  knowingly  permit  the  same  to  be  violated  in 
any  building  or  upon  any  premises  owned  or  controlled  by 
them ;  to  pass  ordinances  for  the  regulation  and  suppression 
of  disagreeable,  offensive  or  injurious  noises  or  odors. 

Inspection  of  food  products. 

(26)  To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  game,  bread,  butter,  cheese,  lard,  eggs,  vege- 
tables, breadstuffs,  milk  and  other  food  products,  manufac- 
tured, produced  or  offered  for  sale  in  the  City,  and  to  pro- 
vide for  the  taking  and  summarily  destroying  of  any  such 
products  as  are  unsound,  spoiled,  adulterated,  or  unwhole- 
some, and  to  regulate  and  prevent  bringing  into  the  City  or 
having  or  keeping  within  the  City  any  such  unsound, 
spoiled,  adulterated  or  unwholesome  products. 

Dairies. 

C27)  To  provide  for  and  regulate  the  inspection  of  all 
dairies  that  offer  for  sale  or  sell  any  of  their  products  in  the 

City. 

Lodging,  Tenement  and  Apartment  Houses. 

(28)  To  regulate  lodging,  tenement  and  apartment 
houses  and  to  prevent  the  overcrowding  of  the  same  and  to 
require  that  they  be  put  and  kept  in  proper  sanitary  condi- 
tion. 

Sewer  Connections. 

(29)  To  regulate  or  prohibit  the  construction,  repair  or 
use  of  sewers,  sinks,  gutters,  wells,  cesspools,  and  vaults, 
and  to  compel  the  draining,  cleaning,  or  emptying  of  the 
same,  and  to  designate  the  time  and  manner  in  which  the 
work  of  draining,  cleaning  or  emptying  of  the  same  shall 
be  done. 

Garbage. 

(30)  To  provide  for  the  collection  and  disposal  of  gar- 
bage, ashes,  animal  and  vegetable  refuse,  dead  animals, 
animal  offal,  rubbish  and  waste  matter. 

Licensing  businesses. 

(31)  To  license  for  purposes  of  regulation  or  revenue 
all  and  every  kind  of  business  not  prohibited  by  law;  to  fix 
the  rates  of  licenses  upon  the  same,  and  to  provide  for  the 
collection  thereof  by  suit  or  otherwise;  provided,  however, 
that  no  such  license  shall  be  granted  for  the  sale  or  giving 
away  of  spirituous,  malt,  vinous  or  alcoholic  liquors  in  a  sa- 
loon or  public  bar  located  within  three  hundred  (300)  feet 
of  any  church  building  or  synagogue  in  use  as  a  place  of 
public  worship,  public  school  or  public  library ;  but  such  pro- 

41 


hibition  as  to  location  shall  not  apply  to  the  renewal  of  any 
such  license  which  was  in  force  September  1,  1910,  and 
which  continues  in  force  until  this  Charter  goes  into  effect. 

Regulation  of  public  vehicles. 

(32)  To  establish  stands  for  hacks,  public  carriages, 
automobiles,  express  wagons,  and  other  public  vehicles  for 
hire,  and  regulate  the  charges  of  such  hacks,  public  car- 
riages, automobiles,  express  wagons  and  other  public  vehi- 
cles, and  to  require  schedules  of  such  charges  to  be  conspicu- 
ously posted  in  or  upon  such  public  vehicles,  and  to  provide 
penalties  for  collecting  of  charges  in  excess  of  such 
schedules. 

Weights  and  measures. 

(33)  To  provide  for  the  inspection  and  sealing  of  all 
weights  and  measures  used  in  the  City,  and  to  enforce  the 
keeping  and  use  by  dealers  of  proper  and  correct  weights 
and  measures  duly  tested  and  sealed. 

Publk  Shows.     Gambling. 

(34)  To  license,  regulate,  restrain  or  prohibit  all  exhi- 
bitions, public  shows,  games  and  amusements;  to  prevent 
and  prohibit  all  descriptions  of  gambling  or  fraudulent  de- 
vices and  practices,  all  playing  of  cards,  dice  or  other  games 
of  chance  for  the  purpose  of  gambling,  the  keeping  or  oper- 
ating of  card  machines,  slot  machines  or  other  contrivances 
upon  or  into  which  money  is  staked,  hazarded,  deposited  or 
paid  upon  chance,  and  the  selling  of  pools  on  races,  and  to 
authorize  the  confiscation  and  destruction  of  all  instruments 
used  for  the  purpose  of  gambling. 

Public  order  and  decency. 

(35)  Te  restrain  and  punish  vagrants,  mendicants,  lewd 
persons  and  prostitutes;  to  prevent  and  punish  drunken- 
ness, prize  fights,  vagrancy,  mendicancy,  prostitution,  and 
all  off'ensive,  immoral,  indecent  and  disorderly  conduct  and 
practices  in  the  City. 

Taxation. 

(36)  To  levy  and  collect  taxes  upon  all  the  real  and  per- 
sonal property  within  the  City,  subject  to  the  limitations 
elsewhere  in  this  Charter  provided. 

Erroneously  collected  taxes. 

(37)  To  order  the  repaying  by  the  Treasurer  of  any 
taxes,  percentages  or  costs  erroneously  or  illegally  collected. 

Fees.  "  '''  1 

(38)  To  fix  the  fees  and  charges  for  all  official  services 
not  otherwise  provided  for  in  this  Charter. 

Mayor's  urgency  fund. 

(39)  To  provide  an  urgent  necessity  fund  not  exceeding 

42 


five  hundred  dollars  a  year,  to  be  expended  by  or  under  the 
direction  of  the  Mayor. 

Public  Entertainments. 

(40)  To  appropriate  and  spend  money  from  the  funds 
of  the  City  for  any  or  all  of  the  following  purposes: 

(a)  Reception  and  entertainment  of  public  guests ; 

(b)  Assistance  of  public  celebrations  held  by  the  City  at 
large ; 

(c)  To  aid  in  or  carry  on  the  work  of  inducing  immigra- 
tion to  the  City ; 

(d)  To  exhibit  manufactured  and  other  products  of  the 
City; 

(e)  Generally  for  the  purpose  of  advertising  the  City. 
Provided,  however,  that  the  aggregate  expenditures  for  all 

of  said  purposes  shall  not  exceed  in  any  fiscal  year  the  sum 
of  two  and  one-half  (2V^)  cents  on  each  one  hundred  (100) 
dollars  valuation  of  the  assessable  property  of  the  City  of 
Oakland. 

Lease  of  lands  owned  by  the  City. 

(41)  To  provide  for  the  lease  of  any  lands  now  or  here- 
after owned  by  the  City,  but  all  leases  shall  be  made  at  pub- 
lic auction  to  the  highest  responsible  bidder  at  the  highest 
rent,  after  publication  of  notice  thereof  for  five  days,  stating 
explicitly  the  time  and  conditions  of  the  proposed  lease ;  pro- 
vided, that  no  such  lease  shall  be  for  a  period  of  more  than 
twenty-five  years,  and  pro\aded,  that  the  Council  may  in  its 
discretion  reject  any  and  all  bids. 

Purchase  of  property  under  execution. 

(42)  To  provide  for  the  purchase  of  property  levied 
upon  or  under  execution  in  favor  of  the  City,  but  the  amount 
bid  on  such  purchase  shall  not  exceed  the  amount  of  judg- 
ment and  costs. 

Sale  of  useless  personal  property. 

(43)  ,To  provide  for  the  sale  at  public  auction,  after 
advertising  for  five  days,  of  personal  property  unfit  or 
unnecessary  for  the  use  of  the  City. 

Trusts. 

(44)  To  provide  for  the  execution  of  all  trusts  confided 
to  the  City. 

Street  grades. 

(45)  To  establish  or  change  the  grade  of  any  street  or 
public  place. 

Street  Work. 

(46)  To  order  the  whole  or  any  part  of  any  street,  ave- 
nue, lane,  alley,  court  or  public  place  within  the  City  of  Oak- 
land to  be  graded  or  regraded  to  the  official  grade,  planked 

43 


or  replanked,  paved  or  repaved,  macadamized  or  re-macad- 
amized, graveled  or  re-graveled,  piled  or  re-piled,  capped  or 
recapped,  sev^ered  or  re-sev^^ered,  and  to  order  sidewalks, 
manholes,  culverts,  cesspools,  gutters,  tunnels,  curbing  and 
crosswalks  to  be  constructed  therein  or  thereon,  and  to  order 
breakwaters,  levees  or  walls  of  rock  or  other  material  to 
protect  the  same  and  also  any  other  work  or  improvement 
therein  or  thereon;  to  provide  for  the  care  of  shade  trees 
planted  therein  or  thereon,  and  to  cause  shade  trees  to  be 
planted,  set  out  and  cultivated  therein  or  thereon  and  also  to 
order  drainage  or  sanitary  sewers  or  storm  water  sewers  to 
be  constructed  on  or  through  private  property. 

Whenever,  in  the  judgment  of  the  Council,  the  cost  and 
expense  of  any  of  the  foregoing  improvements  should  be  paid 
by  special  assessments  on  private  property,  the  general  laws 
of  the  State  of  California  in  force  at  the  time  of  the  im- 
provement shall  govern  and  control,  and  all  proceedings 
shall  be  in  conformity  thereto. 

Street  Opening. 

(47)  To  order  the  opening,  extending,  widening, 
straightening  or  closing  of  any  street,  lane,  alley,  court,  or 
public  place  within  the  City  or  over  tide  lands  or  lands  with- 
in the  City  covered  by  the  waters  of  the  Estuary  of  San  An- 
tonio or  of  any  Bay,  and  to  condemn  and  acquire  any  and  all 
property  necessary  or  convenient  for  that  purpose. 

Whenever,  in  the  judgment  of  the  Council  the  cost  and 
expense  of  any  of  the  foregoing  improvements  should  be 
paid  by  special  assessment  on  private  property,,  the  general 
laws  of  the  State  of  California  in  force  at  the  time  of  the  im- 
provement shall  govern  and  control,  and  all  proceedings  shal] 
be  in  conformity  thereto,  except  that  no  commissioner,  sec- 
retary or  attorney  shall  be  appointed,  and  that  all  the  duties 
imposed  on  commissioners,  secretaries  and  attorneys  under 
the  general  law  shall  be  performed  under  the  direction  of  the 
Commissioner  of  Streets  and  the  City  Attorney  of  the  City, 
neither  of  whom  shall  receive  compensation  therefor,  pro- 
vided that  nothing  contained  in  this  subdivision  shall  be 
construed  as  affecting  any  pending  proceeding. 

To  make  provision  for  the  deposit  with  the  Treasurer,  by 
any  person,  firm  or  corporation  desiring  to  open  any  side- 
walk, street,  alley,  lane,  court,  park  or  other  public  place, 
for  the  purpose  of  laying  or  removing  any  pipe,  wire,  con- 
duit, sewer  or  other  structure  therein,  of  moneys  sufficient 
to  cover  the  cost  of  refilling  and  covering  such  opening  and 
restoring  the  sidewalk,  street,  lane,  alley,  court,  park  or 
other  public  place  to  the  condition  in  which  it  was  before 
such  opening  was  made,  and  to  provide  for  the  doing  of  such 
work  at  the  expense  of  the  person,  firm  or  corporation  mak- 

44 


ing  such  opening,   such  expense  to  be  paid  out  of  such 
deposit. 

Light  and  Water. 

(48)  To  provide  for  the  hghting  of  the  streets,  high- 
ways, pubhc  places,  and  public  buildings  and  for  supplying 
the  City  with  water  for  municipal  and  other  purposes. 

Boulevards. 

(49)  To  set  apart,  a^. a  boulevard  or  boulevards  any 
street  or  streets  over  which  there  is  no  existing  franchise 
for  any  railroad,  interurban,  suburban  or  street  railway  and 
to  regulate  and  prevent  heavy  teaming  thereon;  and  when 
any  such  street  shall  have  been  set  aside  as  a  boulevard,  no 
franchise  for  any  railroad,  interurban,  suburban  or  street 
railway  or  street  railway  of  any  kind  shall  be  granted  upon 
such  boulevard  and  no  railroad  track  of  any  kind  shall  ever 
be  laid  thereon,  unless  an  ordinance  to  that  effect  shall  have 
been  duly  passed  by  vote  of  the  electors,  as  provided  in  this 
Charter. 

Closed  or  Abandoned  Streets. 

(50)  Whenever  any  street  or  portion  of  a  street  shall 
be  abandoned  or  closed  by  ordinance,  to  convey  by  deed  such 
street  or  portion  of  street  so  abandoned  or  closed,  to  the 
owners  of  the  lands  adjacent  thereto  in  such  wise  as  the 
Council  shall  deem  that  equity  requires.  But  the  Council 
shall  have  no  power  to  convey  by  deed  or  otherwise  with- 
out adequate  compensation  any  street  or  portion  of  a  street 
which  shall  have  been  acquired  by  the  (^ity  by  deed  from 
any  person  or  persons  whatever.  And  this  section  shall  not 
be  construed  as  empowering  or  authorizing  the  Council  to 
close  any  street  or  portion  thereof  merely  by  the  consent  of 
owners  of  lands  adjacent  thereto  and  when  the  public  con- 
venience does  not  so  require. 

Regulation  of  Public  Utility  Rates. 

(51)  To  fix  and  determine  by  ordinance  in  the  month  of 
February  of  each  year,  to  take  effect  on  the  first  day  of  July 
thereafter,  the  rates  of  compensation  to  be  collected  by  any 
person,  firm  or  corporation  in  the  City,  for  the  use  of  water, 
heat,  light,  power  or  telephone  service,  supplied  to  the  City 
or  to  the  inhabitants  thereof,  and  to  prescribe  the  character 
and  quality  of  the  service. 

Rates  to  Be  Uniform. 

(52)  It  is  hereby  provided  that  in  fixing  the  rates 
charged  by  all  such  persons,  firms  or  corporations,  supplying 
water,  heat,  light,  power  or  telephone  service  to  the  City  or 

45 


to  the  inhabitants  thereof,  the  Council  may  classify  the  cus- 
tomers of  such  persons,  firm  or  corporation  into  distinct  and 
separate  classes,  such  classification  to  be  based  on  the  quan- 
tity and  kind  of  service  rendered;  and  the  rates  for  such 
water,  heat,  light,  power  or  telephone  service  shall  be  uni- 
form per  unit  of  measurement  on  such  basis,  and  it  shall  be 
lawful  for  the  Council,  in  regulating  such  rates,  to  establish 
in  any  class,  a  lower  schedule  of  charges  per  unit  of  meas- 
urement for  large  consumers  than  for  small  consumers ;  but 
such  rates,  when  established,  must  be  strictly  adhered  to, 
and  such  reduction  to  large  consumers  shall  not  apply  to 
nor  be  made  to  cover  the  aggregate  consumption  in  separate 
and  distinct  plants,  residences  or  places  of  business. 

Regulation  of  Street  Railroads. 

(53)  To  regulate  street  railroads,  their  tracks  and  cars ; 
to  compel  the  owners  of  two  or  more  such  street  railroads 
using  the  same  street  for  any  distance  not  exceeding  fifteen 
(15)  blocks,  to  use  the  same  tracks  and  to  divide  equitably 
between  them  the  cost  of  construction  and  the  cost  of 
maintenance  thereof. 

Railroads  to  Keep  Streets  in  Repair. 

(54)  To  require  any  person,  firm  or  corporation  exer- 
cising or  enjoying  any  franchise,  permit  or  privilege  in, 
over,  under,  or  along  any  of  the  streets,  highways  or  public 
places  in  the  City  for  railway  purposes,  to  sprinkle,  clean, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacada- 
mize  the  entire  length  of  the  street,  highway  or  other  pub- 
lic place  used  by  the  track  or  tracks  of  said  railway,  and 
between  the  rails,  and  for  two  feet  on  each  side  thereof, 
and  between  the  tracks ;  if  there  be  more  than  one,  and  to 
keep  the  same  constantly  in  repair,  flush  with  the  street, 
and  with  good  crossings,  and  to  require  such  street  work  to 
be  done  with  such  kind  of  materials  and  in  such  manner  as 
the  Council  may  by  Ordinance  direct,  at  the  same  time  and 
as  a  part  of  the  same  operation  as  the  work  on  the  re- 
mainder in  width  of  said  street,  highway  or  other  public 
place,  to  the  satisfaction  of  the  Superintendent  of  Streets. 

Spur  Tracks. 

(55)  To  permit  the  laying  down  of  spur  or  side  tracks 
and  running  cars  thereon,  for  the  purpose  of  connecting 
warehouses,  manufactories  or  other  business  industries  and 
enterprises  with  any  line  of  railroad  or  railroads  that  may 
be  built  along  the  water  front  or  with  any  ojher  line  or  lines 
of  railroad  which  do  now  or  may  hereafter  enter  the  Citv, 
subject  to  such  regulations  and  conditions  as  may  be  pre- 
scribed from  time  to  time  by  the  Council,  such  tracks  to  be 

46 


used  for  transportation  of  freight  only,  and  not  to  be  used 
as  a  main  line  or  a  part  thereof ;  and  also  for  the  purpose  of 
excavating  and  filling  in  a  street  or  portion  of  a  street  or  the 
adjoining  land,  during  such  limited  time  as  may  be  neces- 
sary for  such  purpose  and  no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must 
be  operated  under  such  restrictions  as  not  to  interfere  with 
the  use  of  the  streets  by  the  public.  All  permits  granted 
under  the  provisions  of  this  subdivision  shall  be  revocable 
at  the  pleasure  of  the  Council. 

Regulation  of  poles  and  wires. 

(56)  To  cause  the  removal  and  placing  underground  of 
all  telephone,  telegraph,  electric  light  or  other  wires  within 
the  City,  or  within  any  designated  portion  thereof,  and  to 
regulate  or  prohibit  the  placing  of  poles  and  suspending  of 
wires  along  or  across  any  of  the  streets,  highways  and  pub- 
lic places  in  the  City;  and  to  cause  the  immediate  removal 
of  all  anchor  posts  or  anchor  wires  or  any  other  device  now- 
existing  for  bracing  poles,  and  to  prevent  the  placing  of  any 
such  devices  in  the  future. 

Size  and  location  of  pipes. 

(57)  To  regulate  the  quality,  size  and  location  of  all 
water  pipes,  gas  pipes,  mains,  fire  plugs  and  all  other  pipes 
and  conduits  laid  or  constructed  in  the  streets  or  public 
places,  to  provide  for  and  regulate  the  construction,  main- 
tenance and  repair  of  pipes,  hydrants,  fire  plugs,  cisterns, 
pumps  and  such  other  appliances  as  may  be  requisite  to 
effect  the  distribution  of  water  and  gas  in  the  City,  and  to 
require  the  filing  of  charts  and  maps  showing  the  size, 
character  and  location  of  such  pipes,  hydrants,  fire  plugs, 
cisterns  and  conduits. 

Elections. 

(58)  To  make  rules  and  regulations  governing  elections 
not  inconsistent  with  this  Charter,  or  the  general  laws  oi 
the  State  of  California. 

Pawnbrokers,  Junk  Dealers,  etc. 

(59)  To  regulate  and  control  the  business  of  pawn- 
brokers, junk  dealers,  peddlers,  dealers  in  second  hand  mer- 
chandise, auctioneers  and  employment  office  keepers,  and 
prescribe  the  mode  of  conducting  the  same. 

Public  Charities. 

(60)  To  grant  to  the  Associated  Charities  of  the  City  of 
Oakland  a  sum  not  to  exceed  three  hundred  dollars 
($300.00)  per  month  to  be  expended  in  accordance  with  the 
Articles  of'Incorporation  of  that  Association. 

47 


Public  Buildings. 

(61)  To  provide  suitable  rooms  and  buildings  for  the 
Courts,  Boards  and  officers  of  the  City,  and  such  furniture, 
fuel,  lights,  stationery  and  other  supplies  as  are  necessary 
for  the  convenient  transaction  of  the  public  business. 

Municipal  ownership. 

(62)  To  provide  a  suitable  procedure  for  taking  over  or 
otherwise  acquiring  municipal  ownership  of  public  utilities. 

Additional  powers. 

(63)  To  enact  appropriate  legislation  and  do  and  per- 
form any  and  all  other  acts  and  things  which  may  be  neces- 
sary and  proper  to  carry  out  the  general  powers  of  the  City 
or  any  of  the  provisions  of  this  Charter,  and  to  exercise  all 
powers  not  in  conflict  with  the  Constitution  of  the  State, 
with  this  Charter  or  with  ordinances  adopted  by  the  people 
of  the  City. 

ARTICLE  X. 

BOARD  OP  LIBRARY  DIRECTORS. 

Free  Library,  Etc. 

Sec.  52.  There  shall  be  maintained  in  the  City  of  Oak- 
land free  public  libraries  and  reading  rooms  to  be  known 
as  "The  Oakland  Free  Library";  and  there  shall  also  be 
maintained  in  the  City  of  Oakland  a  public  Museum,  or 
Museums,  and  public  Art  Gallery  or  Art  Galleries. 

Directors — Appointment,  Etc. 

Sec.  53.  Such  public  libraries,  reading  rooms,  museums 
and  art  galleries  shall  be  under  the  exclusive  control  and 
management  of  a  Board  of  Library  Directors.  The  Direc- 
tors shall  be  five  in  number  and  shall  serve  without  com- 
pensation. The  office  of  Director  shall  be  filled  by  appoint- 
ment thereto  by  the  Mayor  and  confirmation  thereof  by  the 
Council.  An  affirmative  vote  of  three  members  shall  be 
necessary  for  confirmation.  Of  those  first  appointed,  one 
shall  be  for  two  years,  one  for  three  years,  one  for  four 
years,  one  for  five  years  and  one  for  six  years.  Within  the 
month  preceding  the  expiration  of  each  of  said  terms  for 
which  appointment  is  made,  one  person  shall  be  appointed 
for  six  years  as  the  successor  of  the  Director  whose  term  of 
office  next  expires.  Vacancies  in  the  office  of  Library  Di- 
rector shall  be  filled  by  appointment  in  the  same  manner 
for  the  unexpired  term.  In  case  of  misconduct,  inability 
or  willful  neglect  in  the  performance  of  the  duties  of  the 
office,  by  any  Director,  such  Director  may  be  removed  from 
office  by  the  Council  by  an  affirmative  vote  of  four  mem- 
bers, but  such  Director  shall  be  given  an  opportunity  to  be 

4S 


heard  in  defense  and  shall  have  the  right  to  appear  by 
counsel  and  to  have  process  issue  to  compel  the  attendance 
of  witnesses  who  shall  be  required  to  give  testimony,  if 
such  Director  so  request.  In  such  cases  the  hearing  shall 
be  public  and  a  full  and  complete  statement  of  the  reasons 
for  such  removal,  if  such  Director  be  removed,  together 
with  the  findings  of  fact  as  made  by  the  Council,  shall  be 
filed  by  the  Council  with  the  City  Clerk  and  shall  be  and 
become  a  matter  of  public  record. 

Directors — Organization,  Powers  and  Duties. 

Sec.  54.  The  Directors  shall  organize  by  electing  one 
of  their  number  president;  the  person  elected  president 
shall  hold  his  office  for  one  year  and  until  his  successor  is 
elected.  The  Librarian  shall  act  as  secretary  to  the  Board. 
The  Board  must  hold  regular  meetings  at  least  once  a 
month.  The  Board  shall  establish  rules  and  regulations  for 
its  government  and  for  the  performance  of  its  duties.  The 
Board  shall  establish  rules  and  regulations  for  the  conduct 
of  its  officers  and  employees,  and  may  require  adequate 
bonds  from  any  and  all  of  them  except  laborers,  for  the 
faithful  performance  of  their  duties,  in  such  sums  as  may 
be  fixed  by  it.  Such  bonds  shall  be  approved  by  the  Mayor 
and  Auditor  and  filed  in  the  office  of  the  City  Clerk. 

The  secretary  shall  keep  a  full  account  of  all  property, 
money,  receipts  and  expenditures,  and  a  record  of  all  pro- 
ceedings of  the  Board.  The  votes  of  all  of  its  members 
shall  be  recorded  in  the  minutes  with  the  ayes  and  noes. 

The  Board  shall  have  the  exclusive  management  and  dis- 
posal of  all  funds  legally  appropriated  or  received  from  any 
source  for  the  support  or  benefit  of  said  Oakland  Free 
Library,  Public  Museum  and  Art  Galleries. 

The  Board  of  Library  Directors  may,  for  and  in  behalf 
of  the  City  of  Oakland,  receive  donations,  legacies,  or  be- 
quests for  the  establishment,  extension,  improvement, 
maintenance  or  benefit  of  said  libraries,  reading  rooms,  mu- 
seums and  art  galleries,  and  all  moneys  that  may  be  derived 
from  such  donations,  legacies  or  bequests  shall,  unless 
otherwise  provided  by  the  terms  of  such  donations,  legacies, 
or  bequests,  be  deposited  in  the  Treasury  of  the  City  ot 
Oakland  to  the  credit  of  the  Library  Fund.  The  same  mB.y 
be  withdrawn  therefrom  and  paid  out  only  in  the  same 
manner  as  is  provided  for  the  payment  of  moneys  legally 
appropriated  for  the  support  and  benefit  of  said  The  Oak- 
land Free  Library,  Public  Museums  and  Art  Galleries.  If 
the  money  derived  from  such  donations,  legacies,  or  be- 
quests shall,  at  any  time,  exceed  in  amount  the  sum  neces- 
sary for  immediate  expenditure  for  said  library,  reading 
rooms,  museums  or  art  galleries,  all,  or  part  of  the  same 


may  be  invested  by  the  Board  in  interest  bearing  bonds  of 
the  United  States,  or  of  the  State  of  California,  or  of  any 
municipality,  or  school  district  thereof. 

The  Council  must  annually  appropriate  to  the  Board  of 
Library  Directors  such  amount  as  shall  be  sufficient  to 
maintain  and  preserve  the  said  The  Oakland  Free  Library, 
Reading  Rooms,  Museums  and  Art  Galleries  in  the  City  of 
Oakland,  and  shall  appropriate  such  further  sums  for  their 
extension,  improvement  and  benefit  as,  in  the  judgment  of 
the  Council,  may  be  necessary  or  appropriate ;  and  the  sums 
so  appropriated  shall  be  credited  to  the  Library  Fund,  and 
the  Board  of  Library  Directors  shall  have  the  exclusive 
management  and  disbursement  of  the  same. 

The  Board  of  Library  Directors  shall  have  power: — 

(a)  To  make  and  enforce  all  rules,  regulations  and  by- 
laws necessary  for  the  administration,  government  and  pro- 
tection of  said  The  Oakland  Free  Library,  Museums  and 
Art  Galleries  and  all  property  belonging  thereto,  or  under 
its  control,  or  that  may  be  loaned  thereto. 

(b)  To  prescribe  the  duties  and  powers  of  the  Librarian 
and  other  officers  and  employees  of  the  libraries,  museums 
and  art  galleries,  and  reading  rooms ;  to  determine  the  num- 
ber and  qualifications  as  to  residence,  or  otherwise,  of  all 
of  such  officers  and  employees,  and  appoint  the  same  and 
fix  their  compensation.  Said  officers  and  employees  shall 
hold  their  offices  or  positions  at  the  pleasure  of  said  Board. 

(c)  To  purchase  necessary  or  convenient  books,  jour- 
nals, publications,  art  objects,  scientific  and  other  objects 
suitable  for  museums,  and  other  personal  property. 

(d)  To  require  the  Secretary  of  State,  or  other  State 
officials  to  furnish  said  library  with  copies  of  any  and  all 
reports,  laws,  and  other  publications  of  the  state  not  other- 
wise disposed  of  by  law. 

(e)  To  borrow  books  from,  lend  books  to,  and  exchange 
the  same,  with  other  libraries  and  to  allow  non-residents  to 
borrow  books  upon  such  conditions  as  it  may  prescribe. 

(f)  To  establish  such  branch  libraries,  reading  rooms, 
museums  and  art  galleries  as  the  growth  of  the  City  may 
from  time  to  time  require. 

(g)  To  contract  with  the  legislative  bodies  of  neighbor- 
ing municipalities,  or  the  Board  of  Supervisors  of  Alameda 
County,  for  lending  the  books  of  the  library  to  residents  of 
said  County,  or  neighboring  municipalities,  upon  a  reason- 
able compensation  to  be  paid  by  said  County  or  neighboring 
municipality. 

(h)  To  do  and  perform  any  and  all  other  acts  and  thiners 
necessary  and  proper  to  carry  out  the  provisions  of  this 
Article. 

50 


(i)  The  Board  of  Library  Directors  shall  also  have 
such  powers  and  duties,  not  inconsistent  with  the  provisions 
of  this  Charter,  as  are  now  vested  in  or  imposed  upon 
Boards  of  Library  Trustees  by  the  act  of  the  Legislature  of 
the  State  of  California,  entitled  ''An  Act  to  amend  an  Act 
approved  March  23rd,  1901,  and  entitled  'An  Act  to  provide 
for  the  establishment  and  maintenance  of  Public  Libraries 
within  Municipalities,' "  approved  April  12th,  1909,  or  bv 
such  other  acts  of  said  Legislature  as  may  be  hereafter 
enacted,  amendatory  thereof,  supplemental  thereto,  or  as 
may  hereafter  be  substituted  therefor. 

Miscellaneous. 

Sec.  55.  The  Oakland  Free  Library  shall  be  forever  frea 
to  the  inhabitants  and  non-resident  tax  payers  of  the  Mu- 
nicipality, subject  always  to  such  rules,  regulations  and  by- 
law's as  may  be  made  by  the  Board  of  Library  Directors; 
and  provided,  that  for  violations  of  the  same  a  person  may 
be  fined  or  excluded  from  the  privileges  of  the  library. 

The  title  to  all  property  acquired  for  the  purposes  of  The 
Oakland  Free  Library,  Public  Museum  or  Art  Galleries,  when 
not  inconsistent  with  the  terms  of  its  acquisition,  shall  vest 
in  the  City  of  Oakland. 

The  Board  of  Library  Directors  shall,  on  the  day  follow- 
ing the  August  meeting  of  said  Board  in  each  year,  make 
a  report  to  the  legislative  body  of  the  City  of  Oakland, 
giving  the  condition  of  the  libraries  and  reading  rooms, 
museums  and  art  galleries  on  the  thirtieth  day  of  June 
preceding,  together  with  a  statement  of  its  proceedings 
for  the  year  then  ended,  and  must  immediately  upon  publi- 
cation of  such  report,  forward  a  copy  thereof  for  filing  to 
the  $Jate  Librarian  at  Sacramento. 

The  Council  shall  have  power  to  appropriate  by  ordinance 
to  the  Board  of  Library  Directors  and  to  authorize  the  use 
by  them  either  in  whole  or  in  part,  of  any  real  estate  be- 
longing to  the  City  for  the  purpose  of  erecting  and  main- 
taining a  building  or  buildings  thereon,  to  be  used  for  the 
Library  and  reading  rooms  or  branches  thereof,  or  for 
museums  or  art  galleries,  and  may  appropriate  the  whole  or 
any  portion  of  any  public  building  belonging  to  the  City  for 
such  use. 

ARTICLE  XL 

BOARD  OF  PLAY  GROUND  DIRECTORS. 

Control. 

Sec.  56.  All  children's  playgrounds  now  owned  or  con- 
trolled by  the  city,  and  all  children's  playgrounds  that  may 
hereafter  be  established  or  acquired  by  the  city,  shall  be 

51 


under  the  exclusive  control  and  management  of  the  Board 
of  Play  Ground  Directors. 

Directors — Appointment,  Removal. 

Sec.  57.  The  Directors  shall  be  five  in  number,  not  more 
^7  than  three  of  whom  shall  be  of  the  same  sex,  and  shall  serve 
without  compensation.  The  office  of  Director  shall  be  filled 
by  appointment  thereto  by  the  Mayor  and  confirmation 
thereof  by  the  Council.  Of  those  first  appointed,  one  shall 
be  for  two  years,  one  for  three  years,  one  for  four  years, 
one  for  five  years  and  one  for  six  years.  Within  the  month 
preceding  the  expiration  of  each  of  said  terms  for  which 
appointment  is  made,  one  person  shall  be  appointed  for  six 
years  as  the  successor  of  the  Director  whose  term  of  office 
next  expires.  Vacancies  in  the  office  of  Play  Ground  Di- 
rector shall  be  filled  by  appointment  in  the  same  manner  for 
the  unexpired  term.  In  case  of  misconduct,  inability  or 
willful  neglect  in  the  performance  of  the  duties  of  the  office 
by  any  Director,  such  Director  may  be  removed  from  office 
by  the  Council  by  an  affirmative  vote  of  four  members,  but 
such  Director  shall  be  given  an  opportunity  to  be  heard  in 
defense  and  shall  have  the  right  to  appear  by  counsel  and 
to  have  process  issue  to  compel  the  attendance  of  witnesses 
who  shall  be  required  to  give  testimony,  if  such  Director  so 
request.  In  such  cases  the  hearing  shall  be  public  and  a 
full  and  complete  statement  of  the  reasons  for  such  re- 
moval, if  such  Director  be  removed,  together  with  the  find- 
ings of  fact  as  made  by  the  Council,  shall  be  filed  by  the 
Council  with  the  City  Clerk  and  shall  be  and  become  a 
matter  of  public  record. 

General  Powers. 

Sec.  58.  The  Board  of  Play  Ground  Directors  shall  have 
the  .complete  and  exclusive  control,  management  and  direc- 
tion of  the  aforesaid  play  grounds,  and  the  exclusive  right 
to  erect  and  superintend  the  construction  of  buildings 
thereon,  pertaining  to  play-ground  purposes.  Said  Directors 
may  employ  and  appoint  superintendents,  laborers,  instruc- 
tors and  other  officers  and  assistants,  prescribe  and  fix 
their  duties,  authority,  compensation  and  qualifications  as 
to  residence  or  otherwise;  they  shall  have  the  exclusive 
management  and  disposal  of  all  funds  legally  apportioned 
or  received  from  any  source  for  the  support  of  said  play 
grounds.  The  Board  shall  establish  rules  and  regulations 
for  the  conduct  of  its  officers  and  employees,  and  may  re- 
quire adequate  bonds  from  all  or  any  of  them,  except  labor- 
ers, for  the  faithful  performance  of  their  duties  in  such 
sums  as  may  be  fixed  by  it;  such  bonds  shall  be  approved  by 
the  Mayor  and  Auditor  and  filed  in  the  office  of  the  City 
Clerk.     The  Directors  shall  organize  by  electing  one  of  their 

52 


number  President  and  the  Board  may  elect  a  Secretary  who 
is  not  a  member  of  the  Board.  The  person  elected  Presi- 
dent shall  hold  his  office  for  one  year  and  until  his  succes- 
sor is  elected.  The  Board  must  hold  regular  meetings  at 
least  once  in  every  two  weeks;  the  Board  shall  establish 
rules  and  regulations  for  its  government  and  for  the  per- 
formance of  its  duties. 

Rules. 

Sec.  59.  The  Directors  shall  adopt  rules  and  regulations 
for  the  government  of  the  aforesaid  play  grounds  not  in- 
consistent with  the  ordinances  of  the  City  of  Oakland  or  the 
laws  of  the  State  of  California  or  with  this  Charter. 

Receive  Gifts. 

Sec.  60.  The  Board  of  Play  Ground  Directors  may  for 
and  in  behalf  of  the  City  of  Oakland  receive  donations, 
legacies  or  bequests  for  the  improvement  or  maintenance 
of  said  play  grounds  or  the  acquirement  of  new  play 
grounds,  and  all  moneys  that  may  be  derived  from  such 
donations,  legacies  or  bequests  shall,  unless  otherwise  pro- 
vided by  the  terms  of  such  donations,  legacies  or  bequests, 
be  deposited  in  the  Treasury  of  the  City  of  Oakland,  to  the 
credit  of  the  Play  Ground  Fund;  the  same  may  be  with- 
drawn therefrom  and  paid  out  only  in  the  same  manner  as 
is  provided  for  the  payment  of  moneys  legally  appropriated 
for  the  support  and  improvement  of  such  play  grounds.  II 
the  moneys  derived  from  such  gifts,  bequests  or  legacies 
shall  at  any  time  exceed  in  amount  the  sum  necessary  for 
the  immediate  expenditures  for  the  acquirement,  mainten- 
ance or  improvement  of  play  grounds  the  Board  may  invest 
all  or  a  part  of  the  sum  in  interest  bearing  bonds  of  the 
United  States  or  of  the  State  of  California  or  of  any  mu- 
nicipality or  school  district  thereof. 

Council  Set  Aside  Lands. 

Sec.  61.  The  City  Council  shall  have  the  power  by  ordi- 
nance to  set  aside  either  absolutely  or  for  a  definite  period 
of  time  any  lands  belonging  to  the  City  for  use  as  chil- 
dren's play  grounds  and  the  same  shall  when  and  so  long  as 
used  by  said  Board  for  such  use  be  under  the  exclusive  con- 
trol and  management  of  the  Play  Ground  Directors. 

Appropriations — Accounts — Records. 

Sec.  62.  The  Council  shall  for  the  purchase,  develop- 
ment, acquirement  and  maintenance  of  children's  play 
grounds  annually  appropriate  to  the  Board  of  Play  Ground 
Directors  such  amount  as  may  in  the  judgment  of  the 
Council  be  necessary  or  proper,  and  the  fund  so  appropri- 
ated shall  be  credited   to   the   Play   Ground  Fund,  and  the 

53 


Board  of  Play  Ground  Directors  shall  have  the  exclusive 
management  and  disbursement  of  the  same. 

The  Secretary  shall  keep  a  full  account  of  all  property, 
money,  receipts  and  expenditures,  and  a  record  of  all  pro- 
ceedings of  the  Board.  The  votes  of  all  its  members  shall 
be  recorded  in  the  minutes  with  the  ayes  and  noes. 

ARTICLE  XII. 

BOARD  OF  PARK  DIRECTORS. 

Control. 

Sec.  63.  All  land  and  water  parks,  squares  and  public 
pleasure  grounds  now  owned  or  controlled  by  the  City  of 
Oakland  or  that  may  hereafter  be  established  or  acquired 
by  said  City,  excepting  properties  now  or  hereafter  ac- 
quired or  set  apart  for  children's  play  ground  purposes,  and 
/all  grounds  surrounding  public  buildings  of  said  City,  unless 
otherwise  provided  in  this  Article,  shall  be  under  the  exclu- 
sive control  and  management  of  a  Board  of  Park  Directors. 

Directors — Appointment — Removal. 

Sec.  64.  The  Directors  shall  be  three  in  number  and 
shall  serve  without  compensation.  The  office  of  Director 
shall  be  filled  by  appointment  thereto  by  the  Mayor  and 
confirmation  thereof  by  the  Council.  Of  those  first  ap- 
pointed, one  shall  be  for  two  years,  one  for  four  years,  and 
one  for  six  years.  Within  the  month  preceding  the  expira- 
tion of  each  of  said  terms  for  which  appointment  is  made, 
one  person  shall  be  appointed  for  six  years  as  the  succes- 
sor of  the  Director  whose  term  of  office  next  expires.  Va- 
cancies in  the  office  of  Park  Director  shall  be  filled  by  ap- 
pointment in  the  same  manner  for  the  unexpired  term.  In 
case  of  misconduct,  inability  or  willful  neglect  in  the  per- 
formance of  the  duties  of  the  office,  by  any  Director,  such 
Director  may  be  removed  from  office  by  the  Council  by  an 
affirmative  vote  of  four  members,  but  such  Director  shall 
be  given  an  opportunity  to  be  heard  in  defense  and  shall 
have  the  right  to  appear  by  counsel  and  to  have  process 
issue  to  compel  the  attendance  of  witnesses  who  shall  be 
required  to  give  testimony,  if  such  Director  so  request.  In 
such  cases  the  hearing  shall  be  public  and  a  full  and  com- 
plete statement  of  the  reasons  for  such  removal,  if  such 
Director  be  removed,  together  with  the  findings  of  fact  as 
made  by  the  Council,  shall  be  filed  by  the  Council  with  the 
City  Clerk  and  shall  be  and  become  a  matter  of  public 
record.  i 

General  Powers. 

Sec.  65.  The  Board  of  Park  Directors  shall  have  the 
complete  and  exclusive  control,  management  and  direction 

54 


of  the  said  parks,  squares  and  grounds  and  the  exclusive 
right  to  erect  and  to  superintend  the  erection  of  the  build- 
ings and  structures  thereon  pertaining  to  park  purposes; 
provided,  however,  that  the  Council  may  erect  or  cause  to 
be  erected  any  municipal  building  or  buildings  thereon. 
Said  Directors  may  employ  and  appoint  superintendents, 
laborers,  surveyors,  gardeners,  engineers  and  other  officers 
and  assistants  and  prescribe  and  fix  their  duties,  authority 
and  compensation.  They  shall  have  the  exclusive  manage- 
ment and  disposal  of  all  funds  legally  apportioned  or  re- 
ceived from  any  source  for  the  support  of  said  parks, 
squares,  and  grounds.  The  Board  shall  establish  rules  and 
regulations  for  the  conduct  of  its  officers  and  employees 
and  may  require  adequate  bonds  from  all  or  any  of  them, 
except  laborers,  for  the  faithful  performance  of  their  du- 
ties in  such  sums  as  may  be  fixed  by  it.  Such  bonds  shall 
be  approved  by  the  Mayor  and  Auditor  and  filed  in  the 
office  of  the  City  Clerk.  The  Directors  shall  organize  by 
electing  one  of  their  number  President  and  the  Board  may 
elect  a  Secretary  who  is  not  a  member  of  the  Board.  The 
person  elected  President  shall  hold  his  office  for  one  year 
and  until  his  successor  is  elected.  The  Board  must  hold 
regular  meetings  at  least  once  in  every  two  weeks.  The 
Board  shall  establish  rules  and  regulations  for  its  govern- 
ment and  for  the  performance  of  its  duties. 

Leases — Restrictions. 

Sec.  66.  Except  as  provided  in  this  Section  nothing  in 
this  Article  shall  be  construed  to  authorize  the  Board  to 
lease  any  part  of  any  of  said  parks,  squares  or  grounds  to 
any  person,  firm  or  corporation  or  to  permit  any  person, 
firm  or  corporation  to  build  or  maintain  any  structure  on 
any  part  of  any  park,  square  or  ground,  except  as  follows: 
First — The  Board  may  lease  for  the  use  of  the  public  for  a 
period  not  greater  than  one  year  such  buildings  as  it  may 
construct  or  acquire,  to  such  person,  firm  or  corporation  as 
shall  undertake  to  serve  such  use.  Second — The  Board, 
with  the  consent  of  the  Council,  given  by  ordinance,  may 
lease  lands  under  its  jurisdiction  for  the  purpose  of  having 
the  lessee  erect  thereon  buildings  and  appurtenant  struc- 
tures and  conduct  the  same  for  the  use  of  the  public.  Every 
lease  of  the  character  last  named  shall  be  made  in  the 
same  manner  and  under  the  same  restrictions  as  are  pro- 
vided for  leases  by  the  Council  in  Subdivision  forty-one 
(41)  of  Section  fifty-one  (51)  of  this  Charter.  And  in 
every  lease  the  Board  shall  reserve  the  right  to  enter  at 
all  times  upon  the  premises  so  leased  and  shall  make  the 
condition  that  the  building  so  leased  shall  be  used  for  park- 
pleasure  purposes  only.     No  building  shall  be  constructed 

55 


by  the  Board  or  by  any  lessee  except  it  be  within  the  ob- 
jects and  purposes  for  which  said  parks,  squares  and 
grounds  were  dedicated  to  or  are  held  by  the  public;  pro- 
vided, however,  that  the  Board,  with  the  consent  of  the 
Council  given  by  ordinance,  may  permit  the  use  of  a  lim- 
ited portion  of  any  of  the  aforesaid  parks,  squares  or 
grounds  for  exposition  or  convention  purposes,  but  no  such 
permission  shall  ever  be  granted  except  such  exposition  or 
convention  be  of  national,  state  or  municipal  importance. 

Gifts. 

Sec.  67.  The  Board  of  Park  Directors  may  for  and  on 
behalf  of  the  City  of  Oakland,  receive  donations,  legacies 
or  bequests  for  the  improvement  or  maintenance  of  said 
parks,  squares  and  grounds,  or  for  the  acquirement  of  new 
parks,  squares  and  grounds,  and  all  moneys  that  may  be 
derived  from  such  donations,  legacies  or  bequests  shall,  un- 
less otherwise  provided  by  the  terms  of  such  donation, 
legacy  or  bequest,  be  deposited  in  the  Treasury  of  the  City 
of  Oakland  to  the  credit  of  the  Park  Fund.  The  same  may 
be  withdrawn  therefrom  and  paid  out  only  in  the  same 
manner  as  is  provided  for  the  payment  of  moneys  legally 
appropriated  for  the  support  and  improvement  of  such 
parks,  squares  and  grounds.  If  the  moneys  derived  from 
such  gifts,  bequests  or  legacies  shall  at  any  time  exceed  in 
amount  the  sum  necessary  for  immediate  expenditure  on 
said  parks,  squares  and  grounds  the  Board  may  invest  all 
or  a  part  of  the  same  in  interest-bearing  bonds  of  the 
United  States  or  of  the  State  of  California  or  of  any  mu- 
nicipality or  school  district  thereof. 

Works  of  Art. 

Sec.  68.  No  outdoor  work  of  art  shall  become  the  prop- 
erty of  the  City  unless  such  work  of  art  shall  be  approved 
by  the  Board;  nor  shall  any  work  of  art  until  so  approved 
be  erected  or  placed  in  or  upon  or  allowed  to  extend  over 
any  park,  square  or  grounds  belonging  to  the  City  of  Oak- 
land. The  term  "work  of  art"  as  used  herein  shall  apply 
to  and  include  all  statues,  bas-reliefs  or  other  sculptures, 
monuments,  fountains,  arches,  or  other  structures  of  a  per- 
manent character  intended  for  ornament  or  commemora- 
tion. 

Appropriations — Accounts — Records. 

Sec.  69.  The  Council  shall,  for  the  purchase,  develop- 
ment, equipment  and  maintenance  of  parks,  squares  and 
public  pleasure  grounds,  annually  appropriate  to  the  Board 
of  Park  Directors  such  amount  as  may  in  the  judgment  of 
the  Council  be  necessary  or  proper,  and  the  funds  so  appro- 
priated shall  be  credited  to  the  Park  Fund,  and  the  Board 

56 


of  Park  Directors  shall    have  the    exclusive  management 
and  disbursement  of  the  same. 

The  Secretary  shall  'keep  a  full  account  of  all  property, 
money,  receipts  and  expenditures  and  a  record  of  all  pro- 
ceedings of  the  Board.  The  votes  of  all  its  members  shall 
be  recorded  in  the  minutes  with  the  ayes  and  noes. 

ARTICLE  XIII. 
CIVIL  SERVICE. 

Board — Appointment  of. 

Sec.  70.  There  is  hereby  established  a  Civil  Service 
Board,  consisting  of  three  members. 

The  Mayor  first  elected  after  the  adoption  of  this  Charter 
shall,  within  sixty  days  after  taking  office,  appoint,  subject 
to  confirmation  by  the  Council,  one  member  of  said  Board 
to  serve  until  July  first,  1913,  another  member  to  serve  un- 
til July  first,  1915,  and  a  third  meml)er  to  serve  until  July 
first,  1917.  In  the  month  of  June,  1913,  and  every  second 
year  thereafter,  one  member  shall  be  in  like  manner  ap- 
pointed for  a  term  of  six  years,  to  take  the  place  of  the 
member  whose  term  shall  next  expire. 

Each  member  of  the  Civil  Service  Board  shall  receive 
Ten  (10)  Dollars  for  each  meeting  of  the  Civil  Service 
Board  which  he  shall  attend,  provided  that  he  shall  not  re- 
ceive more  than  Forty  (40)  Dollars  in  any  one  month. 

If  a  vacancy  occurs  in  the  Board,  it  shall  be  filled  by  ap- 
pointment by  the  Mayor,  subject  to  confirmation  by  the 
Council,  for  the  unexpired  term. 

Removal — Equipment — Clerk. 

Sec.  71.  In  cases  of  misconduct,  inability  or  willful  neg- 
lect in  the  performance  of  the  duties  of  the  office  by  any 
member  of  the  Board,  such  member  may  be  removed  from 
office  by  the  Council  by  an  affirmative  vote  of  four  mem- 
bers, but  such  member  of  the  Civil  Service  Board  shall  be 
given  an  opportunity  to  be  heard  in  defense,  and  shall  have 
the  right  to  appear  by  counsel  and  to  have  process  issued 
to  compel  the  attendance  of  witnesses  who  shall  be  required 
to  give  testimony  if  such  member  of  the  Civil  Service  Board 
so  requests.  In  such^ cases  the  hearing  shall  be  public  and 
a  full  and  complete  statement  of  the  reasons  for  such  re- 
moval, if  such  member  be  removed,  together  with  the  find- 
ings of  fact  as  made  by  the  Council,  shall  be  filed  by  the 
Council  with  the  City  Clerk,  and  shall  be  and  become  a  mat- 
ter of  public  record.  The  Council  shall  provide  suitable  ac- 
commodations and  equipment  to  enable  the  Board  to  prop- 
erly attend  to    its   business.     Said    Board    shall  appoint  a 

57 


clerk  who  shall  keep  a  record  of  all  its  meetings  and  of  the 
work  of  said  Board,  and  shall  perform  such  other  service 
as  the  Board  may  require.  The  Board  shall  fix  the  compen- 
sation of  such  clerk. 

Classified  Civil  Service. 

Secc  72.  The  Board  shall  classify  all  places  of  employ- 
ment now  existing  or  hereafter  created  in  or  under  the  De- 
partment of  Public  Affairs,  in  or  under  the  Department  of 
Revenue  and  Finance,  in  or  under  the  Department  of  Pub- 
lic Health  and  Safety,  in  or  under  the  Department  of  Pub- 
lic Works,  and  in  or  under  the  Department  of  Streets,  and 
in  the  office  of  the  Auditor,  excepting  the  places  and  offices 
specified  in  Section  eighty  (80)  hereof.  The  places  so  clas- 
sified by  the  Commissioners  shall  constitute  the  classified 
civil  service  of  the  City,  and  no  appointment  to  any  such 
place  shall  be  made  except  according  to  the  rules  herein- 
after mentioned. 

The  Board  shall  provide  for  an  eligible  list  from  which 
vacancies  shall  be  filled,  for  a  period  of  probation  before 
employment  is  made  permanent,  and  for  promotion  on  the 
basis  of  merit,  experience  and  record. 

The  Council,  whenever  requested  by  the  Board,  may  by 
ordinance  confer  upon  the  Board  such  rights,  duties  and 
privileges  other  than  those  mentioned  in  this  Charter,  as 
may  be  necessary  adequately  to  enforce  and  carry  out  the 
principles  of  Civil  Service. 

Rules. 

Sec.  73.  The  Board  shall  make  rules  to  carry  out  the 
purposes  of  this  Article,  and  for  examinations,  appoint- 
ments and  promotions.  All  rules  and  all  changes  therein 
shall  be  forthwith  printed  by  the  Board  for  distribution. 

Examinations. 

Sec.  74.  All  applicants  for  places  in  the  classified  civil 
service  shall  be  subjected  to  examination,  which  shall  be 
public,  competitive  and  free.  The  Board  shall  hold  such 
examinations  on  the  first  Monday  in  April  and  the  first 
Monday  in  October  of  each  year,  and  oftener  if  it  deem  nec- 
essary. Such  examinations  shall  be  for  the  purpose  of  de- 
termining the  qualifications  of  applicants  for  positions,  and 
shall  be  practical  and  shall  fairly  test  the  fitness  of  the  per- 
sons examined  to  discharge  the  duties  of  the  positions  to 
which  they  seek  to  be  appointed. 

Notice  to  Board  of  Appointments,  Etc. 

Sec.  75.  Immediate  notice  in  writing  shall  be  given  by 
the  appointing  power  to  the  Board  of  all  appointments,  per- 
manent or  temporary,  made  in  such  classified  service,  and 

58 


of  all  transfers,  promotions,  resignations,  suspensions, 
fines,  or  vacancies  from  any  cause  in  such  service,  and  of 
the  date  thereof ;  and  a  record  of  the  same  shall  be  kept  by 
the  Board.  When  any  place  of  employment  is  created  or 
abolished,  or  the  compensation  attached  thereto  altered, 
the  power  making  such  change  shall  immediately  report 
the  fact  in  writing  to  the  Board. 

Certification  of  Persons. 

Sec.  76.  Whenever  a  position  in  the  classified  civil  serv- 
ice is  to  be  filled,  the  Board  shall,  as  soon  as  possible,  cer- 
tify to  the  appointing  power  three  times  the  number  of 
persons  necessary  to  fill  such  position;  provided,  that  said 
Board  shall  always  certify  the  persons  having  the  highest 
standing  on  the  eligible  list  for  the  position  to  be  filled ;  and 
provided,  further,  that  a  less  number  may  be  certified  when 
there  is  not  the  required  number  on  the  eligible  list.  All 
persons  not  appointed  shall  be  restored  to  their  relative 
positions  on  the  eligible  list.  All  persons  who  have  been, 
on  the  eligible  list  for  two  years  without  appointment  shall 
be  removed  therefrom. 

Promotions. 

Sec.  77.  The  Board  shall  provide  for  promotion  in  the 
classified  service  on  the  basis  of  ascertained  merit,  senority 
in  service  and  standing  upon  competitive  examination,  and 
shall  provide,  in  all  cases  where  practicable,  that  vacancies 
shall  be  filled  by  promotion  from  among  such  members  of 
the  next  lower  rank  established  by  the  Board  as  submit 
themselves  for  such  examination  for  promotion.  The  Board 
shall  certify  to  the  appointing  power  the  names  of  not  more 
than  three  applicants  having  the  highest  rating  for  each 
promotion. 

Persons  Certified  Must  Be  Appointed. 

Sec.  78.  In  all  cases  the  appointing  power  shall  notify 
the  Board  of  each  separate  position  to  be  filled,  and  shall 
fill  such  place  by  the  appointment  of  one  of  the  persons  cer- 
tified by  the  Board  therefor.  Such  appointment  shall  be  on 
probation  of  a  character  and  for  a  period  to  be  fixed  by  the 
rules  of  the  Board,  but  not  to  exceed  one  year. 

Certification  to  Auditor. 

Sec.  79.  The  Board  shall  certify  to  the  Auditor  all  ap- 
pointments to  places  of  employment  in  the  classified  civil 
service,  and  all  vacancies  occurring  therein,  and  all  fines 
and  suspensions  made  under  the  provisions  of  this  Article. 

To  Whom  Apply. 

Sec.  80.  The  provisions  of  this  Article  shall  apply  to  all 
appointed  officers  and  employees  of  the  City  in  or  under 

59  , 


any  of  the  departments  enumerated  in  Section  Seventy-two 
(72)  of  this  Charter,  except  the  following: 

The  Chief  Officials  of  the  City  enumerated  in  Section 
Thirty  (30)  of  this  Charter;  the  Building  Inspector;  the 
City  Wharfinger;  the  License  Inspector;  the  Bacteriolo- 
gist; the  City  Chemist;  the  Sanitary  Inspector;  the  Mar- 
ket and  Food  Inspector;  the  Plumbing  Inspector;  the 
Mayor's  Secretary;  the  Assistant  City  Attorneys,  and  such 
other  officers  and  employees  of  the  City  not  included  either 
in  the  Police  Department  or  in  the  Fire  Department,  as 
may  be  excepted  from  the  operation  of  the  Civil  Service 
rules,  upon  the  recommendation  of  the  Council,  approved 
by  the  unanimous  vote  of  the  Civil  Service  Board.  Pro- 
vided, that  persons  employed  by  the  City  and  persons  em- 
ployed in  the  City  Engineer's  office  on  September  1,  1910, 
may  retain  their  employment  under  the  City,  subject  to 
classification  and  reclassification  by  the  Civil  Service  Board 
without  further  examination,  unless  removed  for  cause  or 
unless  it  shall  be  determined  by  the  Civil  Service  Board 
that  their  employment  by  the  City  is  unnecessary. 

Removal — Suspension — Fine. 

Sec.  81.  All  persons  holding  positions  in  the  classified 
civil  service  shall  be  subject  to  suspension,  fine  and  also  to 
removal  from  office  or  employment,  by  the  Commissioner 
in  whose  Department  they  are  employed,  or,  in  case  of  per- 
sons employed  in  the  office  of  the  Auditor,  by  the  Auditor, 
for  misconduct,  incompetency  or  failure  to  perform  their 
duties  under  or  observe  the  rules  and  regulations  of  the 
Department  or  office ;  but  subject  to  the  appeal  of  the  ag- 
grieved party  to  the  Civil  Service  Board  as  herein  provided. 

Any  chief  official,  any  subordinate  officer,  and  any  super- 
intendent or  foreman  in  charge  of  municipal  work  may 
temporarily  suspend  any  subordinate  then  under  his  direc- 
tion for  incompetency,  neglect  of  duty  or  disobedience  of 
orders,  but  shall  within  twenty-four  hours  thereafter  re- 
port the  facts  in  writing  to  the  Commissioner  of  his  De- 
partment or  to  the  Auditor,  as  the  case  may  be,  and  furnish 
a  copy  of  the  report  to  the  subordinate  suspended,  upon  his 
request  therefor.  The  Commissioner  (or  Auditor)  shall 
thereupon,  if  demanded  by  the  subordinate  suspended,  hear 
evidence  for  and  against  him,  and  shall  thereupon  affirm 
or  revoke  such  suspension,  according  as  he  finds  the  facts 
to  warrant. 

Appeals. 

Sec.  82.  Any  person  suspended,  fined  or  discharged 
(and  any  person  whose  order  of  suspension  above  provided 
for  has  been  revoked)  may  within  five  days  from  the  mak- 

60 


ing  by  a  Commissioner  (or  the  Auditor)  of  the  order 
suspending,  fining  or  discharging  him,  or  affirming  or  re- 
voking an  order  of  suspension,  as  the  case  may  be,  appeal 
therefrom  to  the  Civil  Service  Board,  which  shall  fully  hear 
and  determine  the  matter.  The  accused  shall  be  entitled 
to  appear  personally,  and  to  have  counsel  and  a  public  hear- 
ing. The  finding  and  decision  of  the  Board  shall  be  certi- 
fied to  the  official  from  whose  order  the  appeal  is  taken, 
and  shall  forthwith  be  enforced  and  followed  by  him. 

Report. 

Sec.  83.  Said  Civil  Service  Board  shall  make  annual  re- 
port to  the  Council  and  it  may  require  a  special  report  from 
said  Board  at  any  time. 

Temporary  Appointments. 

Sec.  84.  Appointments  to  fill  temporary  positions  may 
be  made  only  with  the  unanimous  consent  of  the  Board,  and 
temporary  appointments  so  made  shall  lapse  and  become 
void  at  the  end  of  a  period  of  time  not  to  exceed  eight 
months,  and  persons  whose  appointment  shall  so  lapse  shall 
not  again  be  appointed  unless  such  appointment  be  made 
through  Civil  Service  Examinations  as  herein  provided. 

Prohibition  of  Improper  Political  Activity,  Etc. 

Sec.  85.  No  Civil  Service  employee  and  no  laborer  in  the 
employ  of  the  City  shall  take  part  in  the  conduct  of  any 
municipal  election,  or  any  municipal  campaign,  nor  shall  he 
hold  office  in  or  be  a  member  of  any  political  club  or  organ- 
ization. 

No  carriage,  automobile  or  other  vehicle  belonging  to  or 
controlled  by  the  City  shall  be  used  except  in  the  official 
business  of  the  City. 

No  elected  official  of  the  City  shall  solicit  the  employ- 
ment by  or  recommendation  of  any  person  whatsover  by 
any  public  service  corporation  holding  any  franchise  under 
or  doing  any  business  with  the  City  of  Oakland. 

Penalty. 

Sec.  86.  Any  person  violating  any  of  the  provisions  of 
this  Article  or  any  rule  hereunder  shall  be  deemed  guilty 
of  a  misdemeanor,  and  for  such  offense  may  upon  convic- 
tion thereof  be  suspended,  reduced  in  grade  or  dismissed 
from  the  Service. 

ARTICLE  XIV. 

POLICE  DEPARTMENT. 
Organization.  > 

Sec.  87.  The  Police  Department  shall  consist  of  a  Chief 
of  Police.  Captain  :of  Inspectors  who  shall  act  as  Chief   of 

61 


Police  in  the  absence  of  the  Chief  of  Police,  and  such  Cap- 
tains of  Police,  Lieutenants,  Inspectors,  Assistant  Inspec- 
tors, Sergeants,  Corporals  and  Bailiffs  as  in  the  judgment 
of  the  Council  the  needs  of  the  service  may  require.  Pro- 
vided, however,  that  it  shall  not  be  incumbent  upon  the 
Council  to  create  or  fill  all  of  the  above  positions. 

Patrolmen  shall  be  appointed  in  such  numbers  as  not  to 
exceed  one  patrolman  for  every  eight  hundred  inhabitants 
of  the  City. 

Qualifications. 

Sec.  88.  No  person  shall  become  a  member  of  the  Police 
Department  unless  he  shall  be  a  citizen  of  the  United 
States,  of  good  character  for  honesty  and  sobriety,  able  to 
read  and  write  the  English  language,  and  a  resident  of  the 
City  of  Oakland  for  at  least  five  years  next  preceding  his 
appointment.  A  residence  for  said  time  in  any  territory 
which  may  have  been  consolidated  with  or  annexed  to  the 
City  of  Oakland,  shall  be  deemed  to  satisfy  this  provision. 
Every  appointee  to  the  department  shall  be  not  less  than 
twenty-five  nor  more  than  thirty-five  years  of  age,  and  be- 
fore his  appointment,  must  pass  a  satisfactory  examination 
under  such  rules  and  regulations  as  may  be  prescribed  by 
the  Civil  Service  Board. 

Appointments — Duties  of  Chief  of  Police. 

Sec.  89.  The  Chief  of  Police,  Captain  of  Inspectors,  Cap- 
tains of  Police,  Lieutenants,  Inspectors,  Sergeants,  Corpor- 
als, Bailiflfs,  Patrolmen  and  all  other  officers  and  members 
shall  be  appointed  by  the  Commissioner  of  Public  Health 
and  Safety,  subject  to  the  Civil  Service  provisions  of  this 
Charter,  and  the  appointment  of  the  Chief  of  Police  shall 
be  subject  to  confirmation  by  the  Council.  The  members 
of  the  Police  Department  appointed  prior  to  September  1st, 
1910,  who  are  in  good  standing  at  the  time  this  Charter 
goes  into  effect,  shall  be  retained  in  their  respective  posi- 
tions, except  as  otherwise  in  this  Charter  provided.  The 
Chief  of  Police  shall  be  the  Chief  Executive  officer  of  the 
department  and  shall  be  held  responsible  for  the  execution 
of  all  laws  and  ordinances,  and  of  the  rules  and  regulations 
of  the  department,  and  shall  exercise  such  other  powers 
connected  with  his  office  as  may  be  provided  for  by  ordi- 
nance not  inconsistent  with  this  Charter.  He  shall  see  that 
the  orders  and  processes  issued  by  the  Police  Court  are 
promptly  executed.  For  failure  or  refusal  to  perform  his  du- 
ties, the  Chief  of  Police  shall  be  removed  from  the  service. 

Change  of  Titles  of  Present  Officers. 

Sec.  90.  The  present  Superintendent  i  of  Police  shall  be 
designated  Chief  of  Police ;  the  Captain  v)f  Detectives  shall 

62 


be  designated  Captain  of  Inspectors;  Inspectors  of  Police 
shall  be  designated  Captains  of  Police;  Detectives  shall  be 
designated  Inspectors.  Station  keepers  and  court  officers 
shall  be  designated  Corporals. 

Salaries. 

Sec.  91.  The  officers  and  members  of  the  Police  Depart- 
ment shall  receive  annual  compensations,  comprising  their 
salaries  and  an  allowance  of  Two  (2)  Dollars  per  month  for 
the  Police  Relief  and  Pension  Fund  herein  provided  for,  as 
follows : 

Chief  of  Police $3300.00 

Captain  of  Inspectors  2400.00 

Captains  of  Police  2100.00 

Lieutenants  1800.00 

Inspectors    1740.00 

Assistant  Inspectors   1620.00 

Sergeants    1620.00 

Corporals   1500.00 

Bailiffs   1500.00 

Patrolmen,  first  j'-ear  of  service 1224.00 

Patrolmen,  second  year  of  service 1344.00 

Patrolmen,  third  year  of  service 1404.00 

Said  compensations  shall  be  paid  in  equal  monthly  in- 
stallments. 

No  compensation  higher  than  those  herein  specified  shall 
be  paid  to  any  officer  or  member  of  the  Police  Department 
and  no  rank  or  grade  other  than  those  herein  specified  shall 
be  created  in  said  department,  unless  the  rank  or  grade  cre- 
ated carry  a  lower  salary  than  the  lowest  herein  specified. 

Leave  of  Absence. 

Sec.  92.  Each  member  of  the  Police  Department  shall  be 
entitled  to  fifteen  days'  vacation  annually  with  full  pay. 
Such  vacations  shall  be  had  at  such  times  as  the  Chief,  of 
Police  may  direct.  Each  member  of  the  Police  Depart- 
ment shall  have  two  days  off  duty  in  each  month  with  full 
pay,  at  such  times  as  the  Chief  of  Police  may  direct.  A 
member  becoming  incapacitated  for  duty  by  reason  of  sick- 
ness, shall  be  entitled  to  thirty  days'  sick  leave  without  loss 
of  pay.  If  such  sickness  continue,  he  shall  be  entitled  to 
half  pay  for  a  period  of  thirty  days,  and  if  such  sickness 
shall  further  continue,  he  shall  receive  such  pay,  if  any,  as 
the  Council  shall  direct.  A  member  on  sick  leave  shall 
present  such  certificate  of  a  reputable  physician  as  the 
Chief  of  Police  may  direct. 

POLICE  RELIEF  AND  PENSION  FUND. 
Sec.  93.     In  order  to  continue  in  force,  and  make  ef- 
fectual pensions  already  existing  in  favor  of  the  Police 

63 


Force,  a  fund  is  hereby  created  to  be  known  and  designated 
as  the  Police  Relief  and  Pension  Fund.  The  Mayor,  the 
Commissioner  of  Revenue  and  Finance  and  the  Commis- 
sioner of  Public  Health  and  Safety  shall  constitute  a  Board 
of  Trustees  of  such  fund,  and  the  City  Treasurer  shall  be 
the  custodian  of  said  fund. 

Sec.  94.  The  said  Board  of  Trustees  may  retire  and  re- 
lieve from  service  any  aged,  infirm  or  disabled  member  of 
the  Department  vi^ho  has  arrived  at  the  age  of  sixty  years, 
and  who,  upon  examination  by  two  regularly  licensed  and 
practicing  physicians  appointed  by  the  Board  of  Trustees 
for  that  purpose  may  be  ascertained  to  be  by  reason  of  age, 
infirmity,  or  other  disability  unfit  for  the  performance  of 
his  duty.  And  said  Board  of  Trustees  shall  at  the  request 
of  any  member  of  the  Department  who  has  arrived  at  the 
age  of  sixty  years  retire  and  relieve  said  member  making 
such  application.  Such  retired  member  shall  receive  from 
the  Police  Relief  and  Pension  Fund  a  monthly  pension  equal 
to  one-half  of  the  salary  attached  to  the  rank  held  by  him 
one  year  prior  to  the  date  of  his  retirement.  No  such  pen- 
sion shall  be  paid  unless  such  person  has  been  an  active 
member  of  the  Department  for  twenty  years  in  the  aggre- 
gate preceding  his  retirement,  and  the  same  shall  cease  at 
his  death. 

Sec.  95.  Any  member  of  the  Department  who  shall  be- 
come physically  disabled  by  reason  of  any  bodily  injury  re- 
ceived in  the  performance  of  his  duty,  upon  his  filing  with 
the  Board  of  Trustees  a  verified  petition,  setting  forth  the 
facts  constituting  such  disability,  and  the  cause  thereof, 
accompanied  by  a  certificate  signed  by  the  Chief  of  Police, 
the  Captain  of  the  Division  to  which  he  belongs,  and  by 
two  regularly  Hcensed  physicians  of  the  City,  recommend- 
ing his  retirement  upon  a  pension,  on  account  of  such  disa- 
bility, may  be  retired  from  the  Department  upon  an  annual 
pension,  equal  to  one-half  of  the  amount  of  salary  attached 
to  the  rank  which  he  held  one  year  prior  to  the  date  of  such 
retirement,  to  be  paid  to  him  during  his  life,  and  to  cease 
at  his  death.  In  case  his  disability  shall  cease,  his  pension 
shall  cease,  and  he  shall  be  restored  to  the  service  in  the 
rank  he  occupied  at  the  time  of  his  retirement. 

Sec.  96.  (1)  The  Board  of  Trustees  shall,  out  of  the 
Police  Relief  and  Pension  Fund  provide  for  the  family  of  an 
officer,  member  or  employee  of  the  Department,  who  may 
be  killed  while  in  the  performance  of  his  duty  as  follows : 

(a)  Should  the  decedent  be  married,  his  widow  shall,  as 
long  as  she  shall  remain  unmarried,  be  paid  a  monthly  pen- 
sion equal  to  one-half  of  the  salary  attached  to  the  rank 
held  by  the  decedent  at  the  time  of  his  death. 

64 


(b)  Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children,  under  the  age  of  sixteen  years,  or 
should  the  decedent  leave  a  widow  and  child  or  children  un- 
der the  age  of  sixteen  years,  and  the  widow  die  without  re- 
marrying, while  such  child  or  children  are  yet  under  the  age 
of  sixteen  years,  such  child,  or  children  collectively,  shall 
receive  a  pension  equal  to  one-half  of  the  salary  attached  to 
the  position  held  by  their  father  at  the  time  of  his  death 
until  the  youngest  child  attains  the  age  of  sixteen  years; 
provided,  that  no  child  shall  receive  any  such  pension  after 
attaining  the  age  of  sixteen  years. 

(c)  Should  the  decedent  leave  no  widow,  or  no  orphan 
child  or  children,  but  leave  a  parent  or  parents,  dependent 
solely  upon  him  for  support,  such  parents  so  depending  shall 
collectively  receive  a  pension  equal  to  one-half  the  salary  at- 
tached to  the  position  held  by  the  decedent  at  the  time  of 
his  death  during  such  time  as  the  Board  of  Trustees  may 
determine  its  necessity. 

(2)  When  a  member  of  the  Department  shall  die  from 
causes  other  than  those  specified  in  subdivision  (1)  of  this 
section  after  ten  years  of  service,  then  his  widow,  and  if 
there  be  no  widow,  then  his  children,  and  if  there  be  no 
widow  or  children,  then  his  mother,  if  dependent  upon  him 
for  support,  shall  be  entitled  to  the  sum  of  One  Thousand 
(1000)  Dollars. 

(3)  Any  member  of  the  Police  Department  receiving  a 
pension  from  the  Police  Relief  and  Pension  Fund,  who  shall 
become  convicted  of  a  felony,  shall  become  dissipated,  an 
habitual  drunkard,  or  shall  become  a  non-resident  of  this 
State,  except  on  leave  by  the  Board  of  Trustees,  shall  for- 
feit all  right  to  said  pension. 

(4)  The  Board  of  Trustees  may,  on  notice  from  the 
Chief  of  Police,  reward  any  member  of  the  Department  for 
conduct  which  is  heroic  and  meritorious.  The  form  or 
amount  of  such  reward  shall  be  discretionary  with  the 
Board  of  Trustees,  but  it  shall  not  exceed  m  any  one  in- 
stance one  month's  salary,  and  may  be  paid  only  out  of 
funds  provided  by  the  Council;  and  the  Council  may,  on 
application  of  the  Board  of  Trustees,  provide  money  for 
such  purposes. 

(5)  The  Board  of  Trustees  shall  hold  quarterly  meet- 
ings in  April,  July,  October  and  January  of  each  year,  and 
special  meetings  upon  the  call  of  its  President ;  it  shall  issue 
warrants,  signed  by  its  President  and  Secretary,  to  persons 
entitled  thereto  for  the  amount  of  money  ordered  paid  to 
such  persons  from  the  Police  Relief  and  Pension  Fund.  Each 
warrant  shall  state  for  what  purpose  the  payment  is  made. 


(6)  The  Board  of  Trustees  shall  keep  a  public  record  ot 
its  proceedings.  It  shall  at  each  quarterly  meeting  send 
to  the  Treasurer  and  to  the  Auditor  a  written  or  printed 
list  of  all  persons  entitled  to  payments  from  the  Police  Re- 
lief and  Pension  Fund,  stating  the  amount  of  such  payment 
and  for  what  granted;  such  lists  shall  be  certified  and 
signed  by  the  President  and  Secretary  of  the  Board.  The 
Auditor  shall  thereupon  enter  a  copy  of  such  list  upon  a 
book  to  be  kept  for  that  purpose,  which  shall  be  known  as 
the  Police  Relief  and  Pension  Fund  Book.  All  warrants 
signed  by  the  President  and  Secretary  of  the  Board  shall  be 
presented  to  the  Auditor  and  ordered  paid  by  him  out  of 
said  fund. 

(7)  The  Board  of  Trustees  shall  possess  the  power  to 
make  rules  and  regulations  for  its  guidance.  No  compensa- 
tion shall  be  paid  to  any  member  of  the  Board  of  Trustees 
for  any  duty  required  or  performed  as  a  member  of  said 
Board  of  Trustees. 

(8)  The  Board  of  Trustees  shall  make  an  annual  esti- 
mate necessary  to  carry  into  effect  the  foregoing  provisions, 
transmit  the  same  to  the  Commissioner  of  Revenue  and 
Finance,  who  shall  cause  the  same  to  be  included  in  his  an- 
nual estimate  of  the  probable  expenditures  of  the  City. 

(9)  The  Treasurer  shall  retain  from  the  compensation 
of  each  member  of  the  Police  Department  Two  (2)  Dollars 
per  month,  which  shall  forthwith  be  paid  into  the  Police 
Relief  and  Pension  Fund.  No  other  or  further  deduction 
shall  be  made  from  such  pay  for  any  other  fund  or  purpose 
unless  the  same  is  authorized  by  this  Charter. 

ARTICLE  XV. 
FIRE  DEPARTMENT. 

Positions  and  Salaries. 

Sec.  97.  The  Fire  Department  shall  consist  of  a  Chief  of 
the  Fire  Department,  an  Assistant  Chief  of  the  Fire  De- 
partment, a  Second  Assistant  Chief  of  the  Fire  Depart- 
ment, as  many  Battalion  Chiefs  as  the  Council  may  deem 
necessary,  a  Superintendent  of  Engines,  and  as  many  Cap- 
tains, Lieutenants,  Engineers,  Drivers,  Tillermen,  Stokers, 
Truckmen  and  Hosemen  as  the  Council  may  deem  neces- 
sary, and  also  such  other  employees  as  the  Council  may  pro- 
vide for  by  ordinance.  The  officers  and  members  of  the 
Fire  Department  shall  receive  annual  compensations,  com- 
prising their  salaries  and  an  allowance  of  Two  (2)  Dollars 
per  month  for  the  Firemen's  Relief  and  Pension  Fund  here- 
in provided  for,  as  follows : 

66 


Chief  of  the  Fire  Department $3600.00  per  annum 

Assistant   Chief   of  the   Fire   Depart- 
ment    $2400.00  per  annum 

Second  Assistant  Chief  of  the  Fire  De- 
partment  $2100.00  per  annum 

Battalion  Chiefs,  each $1800.00  per  annum 

Superintendent  of  Engines $1800.00  per  annum 

Captains,   each $1620.00  per  annum 

Lieutenants,   each $1500.00  per  annum 

Engineers,   each $1560.00  per  annum 

Drivers,  Tillermen,  Stokers,   Truckmen 
and  Hosemen,  each   for   the   first 

year  of  service $1224.00  per  annum 

For  the  second  year  of  service $1344.00  per  annum 

And  for  the  third  year  of  service  and 

thereafter    $1404.00  per  annum 

Said  compensation  shall  be  paid  in  equal  monthly  install- 
ments. 

No  compensation  higher  than  those  herein  specified  shall 
be  paid  to  any  officer  or  member  of  the  Fire  Department, 
and  no  rank  or  grade  other  than  those  herein  specified  shall 
be  created  in  said  department  unless  the  rank  or  grade  cre- 
ated carry  a  lower  salary  than  the  lowest  herein  specified. 

All  members  of  the  Fire  Department,  appointed  prior  to 
September  1st,  1910,  and  in  good  standing  at  the  time  this 
Charter  goes  into  effect,  shall  be  retained  in  their  respec- 
tive positions,  except  as  otherwise  in  this  Charter  pro- 
vided. 

The  present  Fire  Marshal  shall  be  designated  the  Chief 
of  the  Fire  Department. 

Qualifications. 

Sec.  98.  No  person  shall  become  a  member  of  the  Fire 
Department  unless  he  shall  be  a  citizen  of  the  United 
States,  of  good  character  for  honesty  and  sobriety,  able  to 
read  and  write  the  English  language,  and  a  resident  of  the 
City  of  Oakland  for  at  least  five  years  next  preceding  his 
appointment.  A  residence  for  said  time  in  any  territory 
which  may  have  been  consolidated  with  or  annexed  to  the 
City  of  Oakland,  shall  be  deemed  to  satisfy  this  provision. 
Every  appointee  to  the  department  shall  be  not  less  than 
twenty-one  nor  more  than  thirty-five  years  of  age,  and  be- 
fore his  appointment,  must  pass  a  satisfactory  examination 
under  such  rules  and  regulations  as  may  be  prescribed  by 
the  Civil  Service  Board. 

Appointments— Duties  of  the  Chief  of  the  Fire  Department 

Sec.  99.  The  Chief  of  the  Fire  Department,  First  Assist- 
ant Chief  of  the  Fire  Department,  Second  Assistant  Chief 

67 


of  the  Fire  Department,  the  Battalion  Chiefs,  Captains, 
Lieutenants,  Superintendent  of  Engines,  Engineers,  Driv- 
ers, Tillermen,  Stokers,  Truckmen  and  Hosemen  of  the  Fire 
Department,  and  all  other  officers  and  members,  shall  be 
appointed  by  the  Commissioner  of  Public  Health  and  Safe- 
ty, subject  to  the  Civil  Service  provisions  of  this  Charter. 
^  The  Chief  of  the  Fire  Department  shall  be  appointed  sub- 
ject to  confirmation  by  the  Council. 

The  Chief  of  the  Fire  Department  shall  be  the  Chief 
Executive  of  the  Fire  Department.  He  shall  be  charged 
with  the  special  duty  of  superintending  the  extinguishment 
of  fires.  He  shall  have  immediate  control  and  management 
of  all  fire  engines  and  fire  apparatus  belonging  to  the  City, 
and  all  members  and  employees  of  the  Fire  Department 
shall  be  under  his  immediate  control  and  command.  He 
shall  diligently  observe  the  condition  of  the  apparatus  and 
workings  of  the  Department  and  shall  see  that  all  laws, 
orders,  rules  and  regulations  in  force,  or  that  may  be  made 
by  the  Council  relating  to  the  Fire  Department,  are 
enforced.  He  shall  submit  in  writing,  at  least  once  each 
month  to  the  Commissioner  of  Public  Health  and  Safety,  a 
statement  of  the  number  of  men  employed,  their  compen- 
sation, the  condition  of  the  Department,  and  make  such 
recommendations  and  suggestions  respecting  the  same  as 
he  may  deem  proper.  He  shall  have  such  other  powers  and 
perform  such  other  duties  as  may  be  provided  for  by  ordi- 
nance. In  the  absence  or  inability  of  the  Chief  of  the  Fire 
Department  an  Assistant  Chief  of  the  Fire.  Department 
shall  perform  his  duties. 

Leave  of  Absence. 

Sec.  100.  Each  member  of  the  Fire  Department  shall  be 
entitled  to  fifteen  days  vacation  annually  with  full  pay; 
such  vacations  shall  be  had  at  such  times  as  the  Chief  of 
the  Fire  Department  may  direct.  Each  member  of  the 
Fire  Department  shall  be  allowed  a  leave  of  absence  of  not 
less  than  twenty-four  hours  duration  not  less  than  once 
each  week,  with  full  pay.  A  member  becoming  incapaci- 
tated .for  duty  by  reason  of  sickness  shall  be  entitled  to 
thirty  days  sick  leave  without  loss  of  Day.  If  such  sick- 
ness continue  he  shall  be  entitled  to  half  Day  for  a  period 
of  thirty  days,  and  if  such  sickness  shall  further  continue, 
he  shall  receive  such  pay,  if  any,  as  the  Council  shall  direct. 
A  member  on  sick  leave  shall  present  such  certificate  of  a 
reputable  physician  as  the  Chief  of  the  Fire  Department 
may  direct. 

FIREMEN'S  RELIEF  AND  PENSION  FUND. 
Sec.  101.     A  fund  is  hereby  created  to  be  known  and  des- 
ignated as  the  Firemen's  Relief  and  Pension  Fund.     The 

68 


Mayor,  the  Commissioner  of  Revenue  and  Finance,  and  the 
Commissioner  of  Pubhc  Health  and  Safety  shall  constitute 
a  Board  of  Trustees  of  such  fund,  and  the  City  Treasurer 
shall  be  custodian  of  said  fund. 

Sec.  102.  The  said  Board  of  Trustees  may  retire  and  re- 
lieve from  service  any  aged,  infirm,  or  disabled  member  of 
the  Department  who  has  arrived  at  the  age  of  Fifty-five 
years,  and  who  upon  examination  by  two  regularly  licensed 
and  practicing  physicians,  appointed  by  the  Trustees  for 
that  purpose  may  be  ascertained  to  be  by  reason  of  such 
age,  infirmity,  or  other  disability,  unfit  for  the  performance 
of  his  duty.  Said  Board  of  Trustees  shall  at  the  request  of 
any  member  of  the  Department  who  has  arrived  at  the  age 
of  Fifty-five  years,  retire  and  relieve  such  member  making 
such  application.  Such  retired  member  shall  receive  from 
the  Firemen's  Relief  and  Pension  Fund  a  monthly  pension 
equal  to  one-half  of  the  salary  attached  to  the  rank  held  by 
him  one  year  prior  to  the  date  of  his  retirement.  No  such 
pension  shall  be  paid  unless  such  person  has  been  an  active 
member  of  the  Department  for  Twenty  years  in  the  aggre- 
gate preceding  his  retirement,  and  the  same  shall  cease  at 
his  death. 

Sec.  103.  Any  member  of  the  Department  who  shall  be- 
come physically  disabled  by  reason  of  any  bodily  injury  re- 
ceived in  the  performance  of  his  duty  upon  his  filing  with 
the  Board  of  Trustees  a  verified  petition,  setting  forth  the 
facts  constituting  such  disability,  and  the  cause  thereof, 
accompanied  by  a  certificate  sisfned  by  the  Chief  of  the  Fire 
Department,  the  Chief  of  the  Battalion  to  which  he  belongs, 
and  by  two  regularly  licensed  physicians  of  the  City,  recom- 
mending his  retirement  uDon  a  pension,  on  account  of  such 
disability,  may  be  retired  from  the  Department  upon  an  an- 
nual pension,  equal  to  one-half  the  amount  of  salary  at- 
tached to  the  rank  which  he  held  one  year  prior  to  the  date 
of  such  retirement,  to  be  paid  to  him  during  his  life,  and  to 
cease  at  his  death.  In  case  his  disability  shall  cease,  his 
pension  shall  cease,  and  he  shall  be  restored  to  the  ser- 
v\ce  in  rank  he  occupied  at  the  time  of  his  retirement. 

Sec.  104.  (1)  The  Board  of  Trustees  shall,  out  of  the 
Firemen's  Relief  and  Pension  Fund,  provide  for  the  family 
of  an  officer,  member  or  emplovee  of  the  Department,  who 
may  be  killed  while  in  the  performance  of  his  duty  as  fol- 
lows: 

(a)  Should  the  decedent  be  married,  his  widow  shall,  as 
long  as  she  shall  remain  unmarried,  be  paid  a  monthly  pen- 
sion equal  to  one-half  of  the  salarv  attached  to  the  rank 
held  by  the  decedent  at  the  time  of  his  death. 

(b)  Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  or 

69 


should  the  decedent  leave  a  widow,  and  child  or  children 
under  the  age  of  sixteen  years,  and  the  widow  die  without 
remarrying,  while  such  child  or  children  are  yet  under  the 
age  of  sixteen  years,  such  child,  or  children  collectively, 
shall  receive  a  pension  equal  to  one-half  of  the  salary  at- 
tached to  the  position  held  by  their  father  at  the  time  of 
his  death  until  the  youngest  child  attains  the  age  of  six- 
teen years;  provided  that  no  child  shall  receive  any  such 
pension  after  attaining  the  age  of  sixteen  years. 

(c)  Should  the  decedent  leave  no  widow,  or  no  orphan 
child  or  children,  but  leave  a  parent  or  parents,  dependent 
solely  upon  him  for  support,  such  parents  so  depending  shall 
collectively  receive  a  pension  equal  to  one-half  the  salary 
attached  to  the  position  held  by  the  decedent  at  the  time 
of  his  death  during  such  time  as  the  Board  of  Trustees 
may  determine  its  necessity. 

(2)  When  a  member  of  the  Department  shall  die  from 
causes  other  than  those  specified  in  subdivision  one  (1)  of 
this  section,  after  ten  years  of  service,  then  his  widow,  and 
if  there  be  no  widow,  then  his  children,  and  if  there  be  no 
widow  or  children,  then  his  mother,  if  dependent  upon  him 
for  support,  shall  be  entitled  to  the  sum  of  One  Thousand 
(1000)  Dollars. 

(3)  Any  member  of  the  Fire  Department  receiving  a 
pension  from  the  Firemen's  Relief  and  Pension  Fund,  who 
shall  become  convicted  of  a  felony,  shall  become  dissipated, 
an  habitual  drunkard,  or  shall  become  a  non-resident  of 
this  state,  except  on  leave  by  the  Board  of  Trustees,  shall 
forfeit  all  right  to  said  pension. 

(4)  The  Board  of  Trustees  may,  on  notice  from  the 
Chief  of  the  Fire  Department,  reward  any  member  of  the 
Department  for  conduct  which  is  heroic  and  meritorious. 
The  form  or  amount  of  such  reward  shall  be  discretionary 
with  the  Board  of  Trustees,  but  it  shall  not  exceed  in  any 
one  instance  one  month's  salary,  and  may  be  paid  only  out 
of  funds  provided  by  the  Council ;  and  the  Council  may,  on 
application  of  the  Board  of  Trustees,  provide  money  for 
such  purposes. 

(5)  The  Board  of  Trustees  shall  hold  quarterly  meet- 
ings in  April,  July,  October  and  January  of  each  year  and 
special  meetings  upon  the  call  of  its  President;  it  shall  is- 
sue warrants,  signed  by  its  President  and  Secretary,  to  per- 
sons entitled  thereto  for  the  amount  of  money  ordered  paid 
to  such  persons  from  the  Firemen's  Relief  and  Pension 
Fund.  Each  warrant  shall  state  for  what  purpose  the  pay- 
ment is  made. 

(6)  The  Board  of  Trustees  shall  keep  a  public  record  of 
its  proceedings.  It  shall  at  each  quarterly  meeting  send  to 
the  Treasurer  and  to  the  Auditor  a  written  or  printed  list  of 

70 


all  persons  entitled  to  payments  from  the  Firemen's  Relief 
and  Pension  Fund,  stating  the  amount  of  such  payment  and 
for  what  granted ;  such  lists  shall  be  certified  and  signed  by 
the  President  and  Secretary  of  the  Board.  The  Auditor 
shall  thereupon  enter  a  copy  of  such  list  upon  a  book  to  be 
kept  for  that  purpose  which  shall  be  known  as  the  Fire- 
men's Relief  and  Pension  Fund  Book.  All  warrants  signed 
by  the  President  and  Secretary  of  the  Board  shall  be  pre- 
sented to  the  Auditor  and  ordered  paid  by  him  out  of  said 
fund. 

(7)  The  Board  of  Trustees  shall  possess  the  power  to 
make  rules  and  regulations  for  its  guidance.  No  compen- 
sation shall  be  paid  to  any  member  of  the  Board  of  Trus- 
tees for  any  duty  required  or  performed  as  a  member  of 
said  Board  of  Trustees. 

(8)  The  Board  of  Trustees  shall  make  an  annual  esti- 
mate necessary  to  carry  into  effect  the  foregoing  provisions, 
transmit  the  same  to  the  Commissioner  of  Revenue  and 
Finance,  who  shall  cause  the  same  to  be  included  in  his 
annual  estimate  of  the  probable  expenditures  of  the  City. 

(9)  The  Treasurer  shall  retain  from  the  compensation 
of  each  member  of  the  Fire  Department  Two  (2)  Dollars 
per  month,  which  shall  forthwith  be  paid  into  the  Firemen's 
Relief  and  Pension  Fund.  No  other  or  further  deduction 
shall  be  made  from  such  pay  for  any  other  fund  or  pur- 
pose unless  the  same  is  authorized  by  this  Charter. 

ARTICLE  XVI. 
HEALTH  DEPARTMENT. 
Appointment. 

Sec.  105.  The  Commissioner  of  Public  Health  and  Safety 
as  head  of  the  Health  Department  shall  appoint  a  Health 
Officer,  a  City  Chemist,  a  Market  and  Food  Inspector  and  a 
Plumbing  Inspector,  subject  to  confirmation  by  the  Coun- 
cil. He  shall  also  appoint  all  such  other  inspectors,  clerks, 
assistants  and  employees,  as  may  be  provided  for  by  the 
Council  by  ordinance,  for  the  efficient  administration  of  the 
Health  Department. 

Authority  of  Commissioner  and  Inspectors. 

Sec.  106.  Said  Commissioner  of  Public  Health  and 
Safety  shall  have  general  supervision  over  the  sanitary  con- 
dition of  the  City  and  shall  have  power  to  compel  owners 
of  property  to  keep  the  same  free  from  anything  filthy,  ob- 
noxious or  dangerous  to  health.  He,  or  any  authorized 
inspector  of  his  Department,  shall  inspect  when  called  upon 

71 


by  any  person,  and  when  in  his  or  their  opinion  it  seems 
necessary,  all  provisions,  meats,  fish,  fruit,  vegetables, 
bread,  flour,  pork,  whiskey,  beer,  wine,  milk,  water,  and  any 
and  all  meats  and  any  and  all  other  things  offered  for  sale 
to  be  used  as  food  or  drink,  and  shall  have  the  right  to  enter 
for  the  purpose  of  making  such  examination  or  inspection 
any  place  or  building  where  any  provisions,  fruits,  vege- 
tables, whiskey,  beer,  wine,  milk  or  other  liquids  are  manu- 
factured or  kept  for  sale ;  and  no  person  shall  be  permitted 
to  sell  or  dispose  of  anything  pronounced  by  said  Commis- 
sioner or  any  authorized  Inspector  of  his  Department  to  be 
unfit  for  food  or  drink,  and  all  such  articles  or  things  may 
be  seized  and  destroyed  by  said  Commissioner  or  by  said 
Market  and  Food  Inspector. 

Qualification  of  Health  Officer,  Etc. 

Sec.  107.  The  Health  Officer  shall  be  a  graduate  of  a  re- 
putable medical  college  and  shall  have  practiced  medicine 
for  at  least  five  years.  He  shall  be  licensed  to  practice 
medicine  in  this  State.  The  City  Chemist  shall  be  a  person 
skilled  and  qualified  for  the  efficient  and  capable  perform- 
ance of  the  duties  usually  appertaining  to  such  office.  The 
Plumbing  Inspector  shall  be  a  plumber  of  five  years'  practi- 
cal experience  and  regularly  licensed  as  such. 

Power  of  Arrest. 

Sec.  108.  The  Commissioner  of  Public  Health  and 
Safety  and  all  regularly  appointed  employees  of  the  Health 
Department  shall  have  the  right  and  power  to  arrest  any 
person  or  persons  who  may  violate  any  of  the  rules  and 
regulations  of  the  Department.  It  shall  also  be  the  duty  of 
any  police  officer  or  policeman  to  arrest  any  person  or  per- 
sons guilty  of  such  violation. 

Duties  of  Physicians  and  House  Holders. 

Sec.  109.  Every  person  in  the  City  shall  promptly  report 
in  writing  to  the  Health  Department  every  patient  whom  he 
shall  have  sick  of  an  infectious,  contagious  or  communicable 
disease  dangerous  to  the  public  health;  and  every  house- 
holder upon  reasonable  notice  from  said  Department,  that 
an  occupant  of  his  or  her  house  is  suffering  from  any  in- 
fectious, contagious  or  communicable  disease  dangerous  to 
the  public  health,  shall  forthwith  adopt  such  preventive 
means  and  regulations  as  said  Department  shall  prescribe. 
Every  person  who  shall  fail  to  report  such  case  of  sickness 
as  required  herein,  and  every  householder  who  shall  fail  to 
comply  with  the  rules,  requirements  and  regulations  of  said 
Department,  shall  be  subject  to  such  fines  and  penalties  as 
the  Council  may  by  ordinance  prescribe. 

'  72 


ARTICLE  XVII. 
ELECTRICAL  DEPARTMENT. 

Appointments. 

Sec.  110.  The  Electrical  Department  shall  be  under  the 
supervision  of  the  Commissioner  of  Public  Health  and 
Safety.  The  Commissioner  of  Public  Health  and  Safety- 
shall  appoint  a  Superintendent  and  an  Assistant  Superin- 
tendent, and  necessary  subordinates  according  to  the  Civil 
Service  provisions  of  this  Charter.  The  appointment  of  the 
Superintendent  shall  be  subject  to  confirmation  by  the 
Council.  The  employees  of  this  Department  shall,  as  far  as 
may  be  practicable,  have  the  benefit  of  the  provisions  cov- 
ering leave  of  absence  and  vacations  which  prevail  in  the 
Police  and  Fire  Departments. 

Powers  and  Duties. 

Sec.  111.  The  Electrical  Department  shall  have  general 
charge  and  supervision  over  all  municipal  electrical  mat- 
ters, and  in  particular  shall  have  charge  of  the  construction 
and  maintenance  of  the  Fire  Alarm  and  Police  Telegraph 
Systems  and  is  also  charged  with  the  duty  of  enforcing  all 
the  rules,  regulations,  orders  and  requirements,  made  by 
ordinances  in  regard  to  the  inspection  and  supervision  of 
electrical  wires  and  appliances  for  furnishing  light,  heat  or 
power  in,  under,  over  or  upon  the  streets  and  buildings  of 
the  City  of  Oakland.  This  Department  shall  also  have 
charge  of  the  municipal  lighting  and  power,  and  shall  make 
tests  of  the  gas  used  throughout  the  City  to  determine  its 
light  and  heat  giving  properties. 

ARTICLE  XVni. 
FINANCE  AND  TAXATION. 

The  Fiscal  Year. 

Sec.  112.  The  fiscal  year  of  the  City  shall  commence 
upon  the  first  day  of  July  of  each  year,  and  end  on  the 
thirtieth  day  of  June  of  the  following  year. 

Tax  System. 

Sec.  113.  (1)  Except  as  in  this  article  otherwise  pro- 
vided, the  assessment  of  property  taxable  in  the  City  for 
municipal  purposes,  the  equalization  of  assessments  and 
collection  of  taxes,  and  the  sale  of  property  for  unpaid 
taxes  and  the  redemption  of  property  sold  for  taxes,  shall 
be  made  and  had  at  the  same  time  and  nlanner,  and  with 
like  effect,  as  now  or  may  be  hereafter  provided  by  law  for 
the  assessment  of  property,  equalization  of  assessments, 
levy  and  collection  of  taxes  and  sale  of  property  for  unpaid 

73 


taxes  for  State  and  county  purposes,  and  redemption  there- 
of; and  all  provisions  of  law  applicable  to  such  assessment, 
equalization,  levy,  collection  and  sale  for  State  and  county 
purposes,  are  hereby  applied  to  and  shall  be  the  law  gov- 
erning such  assessment,  equalization,  levy,  collection  and 
sale  for  municipal  purposes;  and  the  respective  officers  of 
the  City  shall  have,  possess  and  perform  the  same  powers 
and  duties  in  all  matters  concerning  revenue  and  taxation 
for  municipal  purposes  as  are  by  law  conferred  or  imposed 
upon  county  officers  in  matters  concerning  revenue  and  tax- 
ation for  State  and  county  purposes;  and  to  that  end: 

Ist—All  powers  and  duties  so  by.  law  conferred  or  im- 
posed upon  the  County  Assessor  are  hereby  conferred  and 
imposed  upon  the  City  Assessor. 

2nd — All  powers  and  duties  so  by  law  conferred  or  im- 
posed upon  the  Board  of  Supervisors  are  hereby  conferred 
and  imposed  upon  the  Council. 

3d — All  powers  and  duties  so  by  law  conferred  or  im- 
posed upon  the  District  Attorney  are  hereby  conferred  and 
imposed  upon  the  City  Attorney. 

4th — All  powers  and  duties  so  by  law  conferred  or  im- 
posed upon  the  County  Tax  Collector  are  hereby  conferred 
and  imposed  upon  the  City  Tax  Collector. 

5th — All  powers  and  duties  so  by  law  conferred  and  im- 
posed upon  the  County  Treasurer  are  hereby  conferred  and 
imposed  upon  the  City  Treasurer. 

6th — All  powers  and  duties  so  by  law  conferred  or  im- 
posed upon  the  County  Clerk  or  County  Auditor  are  hereby 
conferred  and  imposed  upon  the  City  Clerk  and  City 
Auditor. 

The  Assessor  need  not  require  from  aiiy  person  any 
statement  as  to  any  property  not  taxable  in  the  city,  nor 
transmit  or  send  to  any  officer  other  than  the  officers  of 
the  city  any  statement  or  report  whatsoever,  nor  make  any 
record  or  entry  as  to  equalization  by  the  State  Board  of 
Equalization,  or  as  to  school,  road  or  other  districts. 

(2)  On  or  before  the  first  Monday  in  July  in  each  year 
the  Assessor  shall  complete  his  list,  or  assessment  roll,  and 
shall  attach  his  certificate  thereto,  and  deliver  it,  and  the 
books  and  any  maps  he  may  have  accompanying  the  same, 
and  all  the  original  lists  of  property  given  to  him,  to  the 
City  Clerk,  and  the  Clerk  shall  thereupon  notify  the  Board 
of  Equalization  of  the  fact.  Said  roll  shall  be  kept  in  his 
office  for  public  inspection. 

(3)  The  Assessor  must  make  the  abstract  provided  for 
in  Section  (3678)  of  the  Political  Code.  Should  any  such 
abstract  or  list  be  found  to  contain  any  instrument  relating 
to  lands  situated  partly  within  and  partly  without  the  city, 

74 


it  shall  be  the  duty  of  the  Assessor  to  determine  the  pro- 
portion of  valuation  of  such  instrument  to  be  assessed  in 
the  city  and  assess  the  same  accordingly. 

(4)  The  Council  may,  by  resolution,  extend  for  not  ex- 
ceeding thirty  days,  the  time  fixed  in  this  Article  for  the 
performance  of  any  act. 

(5)  No  City  officer  shall  be  required,  by  virtue  of  any- 
thing contained  in  this  Article,  to  send  or  transmit  any 
statement  or  report  to  any  State  officer  or  Board. 

(6)  The  Assessor  shall  be  governed,  as  to  the  amount 
of  taxes  to  be  by  him  collected  on  personal  property,  by  the 
City  tax  rate  of  the  previous  year. 

(7)  All  papers  and  instruments  required  to  be  filed  or 
recorded  with  or  by  the  County  Recorder  by  the  revenue 
and  taxation  laws  of  the  State  shall,  under  said  laws  as  ap- 
plied to  the  City,  be  in  like  manner  and  with  like  effect 
filed  with  and  recorded  by  the  County  Recorder  of  Alameda 
County. 

(8)  The  assessment  of  property  within  the  City  of  Oak- 
land, or  assessable  by  the  City,  made  by  the  City  Assessor 
of  the  City  of  Oakland  and  the  State  Board  of  Equalization 
shall  be  the  basis  of  taxation  for  the  city. 

(9)  It  shall  be  the  duty  of  the  Assessor,  at  any  time 
subsequent  to  the  first  Monday  in  July  and  prior  to  the 
fourth  Monday  in  August  of  each  year,  to  assess  any  prop- 
erty which  shall  not  be  on  the  regular  list,  and  he  shall 
enter  such  assessment  in  a  separate  portion  of  the  tax  list 
or  assessment  roll,  under  the  head  of  ''Subsequent  Assess- 
ments," and  shall  deliver  the  same,  certified  by  him,  or  a 
true  copy  thereof,  to  the  City  Clerk,  to  be  by  him  compared 
with  the  entries  on  the  assessment  roll. 

Department  Estimates  of  Annual  Requirements. 

Sec.  114.  On  or  before  the  third  Monday  in  July  of  each 
year  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
Council,  the  heads  of  departments,  offices  and  boards  shall 
send  to  the  Commissioner  of  Revenue  and  Finance  a  careful 
estimate  in  writing  of  the  amounts,  specifying  in  detail  the 
objects  thereof,  required  for  the  business  and  proper  con- 
duct of  their  respective  departments,  offices  and  boards 
during  the  next  ensuing  fiscal  year. 

Annual  Estimate  of  City's  Requirements  and  Revenue. 

Sec.  115.  On  or  before  the  third  Monday  in  August  in 
each  year,  the  Commissioner  of  Revenue  and  Finance  shall 
submit  to  the  Council  an  estimate  of  the  probable  expendi- 
tures of  the  City  government  for  the  next  ensuing  fiscal 
year,  stating  the  amount  required  to  meet  the  interest  and 
sinking  funds  for  the  outstanding  bonded  indebtedness  of 


the  City  and  the  wants  of  all  the  departments  of  the  mu- 
nicipal government  in  detail,  and  showing  specifically  the 
amount  necessary  to  be  provided  for  each  fund  and  de- 
partment; also  an  estimate  of  the  amount  of  income  from 
fines,  licenses  and  other  sources  of  revenue  exclusive  of 
taxes  upon  property,  and  the  probable  amount  required  to 
be  levied  and  raised  by  taxation. 

Annual  Budget. 

Sec.  116.  The  Council  shall  meet  annually  prior  to  fix- 
ing the  tax  levy  and  make  a  budget  of  tne  estimated 
amounts  required  to  pay  the  expenses  of  conducting  the 
business  of  the  City  government  for  the  next  ensuing  fiscal 
year.  The  budget  shall  be  prepared  in  such  detail  as  to 
the  aggregate  sum  and  the  items  thereof  allowed  to  each 
department,  office  or  board  as  the  Council  may  deem  ad- 
visable. 

Board  of  Equalization. 

Sec.  117.  The  Council  shall  meet  at  its  usual  place  of 
meeting  on  the  First  Monday  in  July  of  each  year,  at  eleven 
o'clock  in  the  forenoon  of  said  day,  and  sit  as  a  Board  of 
Equalization  for  the  purpose  of  equalizing  the  taxes,  and 
shall  continue  in  session  from  day  to  day  until  the  last 
Monday  in  July.  The  City  Clerk  shall  give  notice  of  such 
meetings  by  one  publication  in  the  official  newspaper.  Said 
Board  of  Equalization  shall  have  power  to  hear  complaints 
and  to  correct,  modify,  strike  out  or  to  lower  or  to  raise  any 
assessment,  provided  that  notice  shall  be  given  to  the  party 
whose  assessment  is  to  be  raised. 

Annual  Tax  Levy. 

Sec.  118.  The  Council  must  finally  adopt,  not  later  than 
the  first  Tuesday  in  September,  an  ordinance  levying  upon 
the  assessed  valuation  of  the  property  in  the  City,  subject 
to  the  provisions  of  this  Charter,  a  rate  of  taxation 
upon  each  one  hundred  dollars  of  valuation  sufficient  to 
raise  the  amounts  estimated  to  be  required  in  the  annual 
budget,  less  the  amounts  estimated  to  be  received  from 
fines,  licenses  and  other  sources  of  revenue.  It  shall  then 
deliver  the  assessment  roll  to  the  Auditor  and  ex-officio 
Assessor,  who  shall  compute  and  carry  out  the  amount  of 
the  tax  so  levied  upon  each  parcel  of  property  contained  in 
said  assessment  roll.  The  corrected  list  for  each  tax  shall 
be  the  assessment  roll  of  said  tax  for  said  year,  and  it  shall 
be  certified  by  the  Auditor  and  ex-officio  Assessor  as  being 
the  assessment  roll  of  said  tax. 

The  tax  levy  authorized  by  the  Council,  when  collected, 
shall  be  placed  in  the  general  fund,  which  may  be  appor- 

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tioned  by  the  Council,  except  as  otherwise  provided  in  this 
Charter. 

Taxation  for  School  Purposes. 

Sec.  119.  The  Council  shall,  when  requested  by  the 
Board  of  Education,  levy  annually,  a  tax  not  to  exceed  five 
cents  on  each  one  hundred  dollars  of  the  assessed  value  of 
all  real  and  personal  property  within  the  city.  This 
amount  when  collected,  shall  be  used  in  the  building  fund 
of  the  school  department,  and  shall  be  used  only  for  the 
purchase  of  land  for  educational  purposes,  or  for  the  con- 
struction of  permanent  school  buildings,  or  permanent  ad- 
ditions thereto. 

No  land  shall  be  purchased  with  any  money  raised  by 
such  tax  except  with  the  approval  of  the  Council,  as  pro- 
vided for  by  Sec.  One  Hundred  Eighty-seven  (187)  of  this 
Charter,  and  no  school  building  or  addition  thereto  shall  be 
constructed  with  any  money  raised  by  such  tax,  except  in 
the  manner  provided  for  by  Sees.  One  Hundred  Eighty-eight 
(188)  and  One  Hundred  Eighty-nine  of  this  Charter,  and  no 
money  raised  by  such  tax  shall  be  placed  in  any  fund  of  the 
school  department,  except  upon  these  conditions.  The 
Council  may,  upon  request  of  the  Board  of  Education,  levy 
a  rate  upon  the  taxable  property  of  the  city  which  will,  with 
the  money  obtained  from  other  sources  for  educational  pur- 
poses, raise  sufficient  funds  to  adequately  support  the  pub- 
lic schools  of  the  city.  The  money  collected  for  school  pur- 
poses shall  be  immediately  paid  into  the  proper  school  fund 
of  the  city,  to  be  drawn  out  only  on  the  order  of  the  Board 
of  Education,  and  only  for  the  purposes  for  which  it  was 
collected. 

Cash  Basis  Fund. 

Sec.  120.  The  Council  shall  create  and  maintain  a  per- 
manent revolving  fund,  to  be  known  as  the  Cash  Basis 
Fund,  for  the  purpose  of  putting  the  payment  of  the  run- 
ning expenses  of  the  City  on  a  cash  basis.  For  this  pur- 
pose the  Council  shall  provide  that,  from  the  money  col- 
lected from  the  annual  tax  levy  and  from  money  received 
from  other  sources,  a  sum  equal  to  not  less  than  two  and 
one-half  cents  on  each  one  hundred  dollars  of  the  assessed 
value  of  said  property  shall  be  placed  in  such  fund  until  the 
accumulated  amount  in  such  fund  shall  be  sufficient  to  meet 
all  legal  demands  against  the  treasury  for  the  first  four 
months  or  other  necessary  period  of  the  succeeding  fiscal 
year. 

The  Council  shall  have  power  to  transfer  from  the  Cash 
Basis  Fund  to  any  other  fund  or  funds  such  sum  or  sums  as 
may  be  required  for  the  purpose  of  placing  such  fund  or 

77 


funds,  as  nearly  as  possible,  on  a  cash  basis.  It  shall  be 
the  duty  of  the  Council  to  provide  that  all  money  so  trans- 
ferred from  the  Cash  Basis  Fund  be  returned  thereto  be- 
fore the  end  of  the  fiscal  year. 

Tax  Liens. 

Sec.  121.  All  taxes  assessed,  together  with  any  percent- 
ages imposed  for  delinquency  and  the  cost  of  collection, 
shall  constitute  liens  on  the  property  assessed;  every  tax 
upon  personal  property  shall  be  a  lien  upon  the  real  prop- 
erty of  the  owner  thereof.  The  liens  provided  for  in  this 
section  shall  attach  as  of  the  first  Monday  in  March  in  each 
year  and  may  be  enforced  by  actions  in  any  court  of  compe- 
tent jurisdiction  to  foreclose  such  liens,  or  by  a  sale  of  the 
property  affected  and  the  execution  and  delivery  of  all 
necessary  certificates  and  deeds  therefor,  under  such  regu- 
lations as  may  be  prescribed  by  ordinance;  provided,  that 
when  real  estate  is  offered  for  sale  for  City  taxes  due  there- 
on, the  same  shall  be  struck  off  and  sold  to  the  City,  in  like 
case  and  in  like  manner  and  with  the  like  effect  and  with 
like  right  of  redemption,  as  it  may  be  struck  off  and  sold 
to  the  State  when  offered  for  sale  for  State  and  County 
taxes,  except  that  no  certificate  or  receipt  need  be  delivered 
to  the  State  Controller  and  the  Council  shall  have  power  to 
provide  for  the  procedure  to  be  followed  in  such  sales  to 
the  City  and  redemption  thereafter. 

Duties  of  the  Auditor. 

Sec.  122.  The  Auditor  shall  be  ex-officio  Assessor.  As 
Assessor  he  shall  perform  all  the  duties  prescribed  by  this 
Charter  or  by  law  for  assessing  property  in  the  City  for 
purposes  of  taxation.  As  Auditor  he  shall  keep  and  num- 
ber a  record  of  all  demands  allowed  by  him,  showing  the 
date  of  approval,  amount,  and  name  of  original  holder,  the 
number,  on  what  account  and  out  of  what  fund  payable. 
He  shall  be  required  to  be  constantly  acquainted  with  the 
exact  condition  of  the  treasury.  He  shall  within  one  week 
after  the  close  of  each  month,  or  oftener  if  required,  report 
to  the  Council  the  condition  of  each  fund  in  the  treasury. 
He  shall  keep  a  complete  set  of  books  for  the  City,  in  which 
shall  be  set  forth  in  a  plain  and  businesslike  manner  every 
money  transaction  of  the  City,  so  that  he  can  tell  at  any 
time  the  exact  condition  of  the  City's  finances.  He  shall 
make  an  annual  report  showing  the  sources  from  which 
the  City's  revenue  was  derived  and  how  expended. 

The  Auditor  must  prepare,  countersign  and  deliver  from 
time  to  time  to  the  Treasurer,  and  to  every  officer  author- 
ized by  law  to  charge  or  collect  any  fee,  commission,  per- 
centage, allowance  or  compensation  for  the  performance  of 

78 


any  official  service  or  duty,  as  many  receipts  as  may  be  re- 
quired, charging  therewith  the  Treasurer  or  other  officials 
receiving  them.  He  shall  draw  and  sign  all  warrants  upon 
the  treasury.  Every  demand  against  the  City  from  what- 
ever source,  including  the  School  Department  and  the  Oak- 
land Free  Library,  when  allowed  by  the  Council  or  proper 
Board,  shall  have  stamped  upon  it  the  date  of  approval  by 
such  body  and  shall  be  signed  by  the  President  and  Secre- 
tary or  Clerk  of  such  body  and  shall  then  be  presented  to 
the  Auditor,  who  shall  satisfy  himself  whether  the  money 
is  legally  due  and  remains  unpaid  and  its  payment  author- 
ized by  law  and  out  of  what  fund.  After  such  examination 
he  shall  approve  or  reject  the  claim  in  whole  or  in  part  and 
indorse  on  such  demand  his  approval  or  rejection  over  his 
signature,  together  with  the  date  thereof.  If  it  is  approved 
the  fund  out  of  which  it  is  to  be  paid  shall  be  designated. 
If  it  is  not  approved,  unless  the  party  presenting  it  is  will- 
ing to  take  in  full  for  the  entire  demand  the  sum  offered, 
the  Auditor  shall  reject  it  and  return  it  with  his  reasons 
for  rejection,  to  the  body  which  originally  authorized  it; 
then,  if  it  is  allowed  by  a  four-fifths  vote  of  the  entire  body 
authorizing  it,  it  shall  be  audited  in  the  same  manner  as  if 
it  had  not  been  rejected,  provided  the  body  had  the  author- 
ity to  make  the  expenditure  out  of  which  the  claim  arose. 

No  demand  upon  the  City  treasury  shall  be  considered, 
presented  for  action,  or  acted  upon,  allowed  or  approved  un- 
less it  specifies  on  its  face  each  several  item  composing  it 
and  the  amount  and  date  thereof.  Every  demand  on  any 
fund  shall  be  numbered  and  acted  upon  by  the  Auditor  in 
the  order  of  its  presentation  to  him;  and  when  allowed 
either  in  whole  or  in  part,  the  warrant  therefor  shall  be 
numbered  and  entitled  to  payment  out  of  said  fund  in  the 
same  order  as  allowed.  No  demand  upon  the  treasury  shall 
be  allowed  by  the  Auditor  in  favor  of  any  officer  or  other 
person,  or  any  firm,  company  or  corporation,  or  his  or  its 
assigns,  who  is  in  any  manner  indebted  to  the  City  upon  an 
obligation  due  the  City,  without  first  deducting  therefrom 
the  amount  of  such  indebtedness.  He  shall  on  application 
of  any  person  indebted  to  the  City,  holding  money  payable 
into  the  City  treasury  or  desiring  to  pay  money  therein, 
certify  to  the  treasurer  the  amount  thereof,  to  what  fund 
applicable,  and  by  whom  to  be  paid.  He  shall  charge  the 
Treasurer  with  the  amount  received. 

It  shall  be  his  duty  to  apportion  among  the  several  funds 
all  public  money  at  any  time  in  the  City  Treasury,  not  by 
law  or  ordinance  specifically  apportioned  and  forthwith  no- 
tify the  Treasurer  of  such  apportionment. 

If  for  any  reason  a  warrant  remains  unpaid  for  a  period 
of  three   (3)   years,  during  all  of  which  time  funds  have 

79 


been  available  to  meet  it,  the  Auditor  may  cancel  it  upon 
his  records,  but  he  must  at  the  same  time  enter  a  record  of 
it  upon  a  book  kept  for  that  purpose,  and  should  demand 
be  made  for  payment  of  the  claim  involved  at  a  subsequent 
date,  draw  a  warrant  in  payment  therefor  against  the  Gen- 
eral Fund  of  the  fiscal  year  then  current. 

Disposition  of  Money  Collected. 

Sec.  123.  Every  officer  collecting  or  receiving  any  mon- 
eys belonging  to  or  for  the  use  of  the  City,  or  in  his  official 
capacity,  shall  settle  for  the  same  with  the  Auditor  on  or 
before  the  last  day  of  each  week,  or  at  more  frequent  inter- 
vals as  may  be  directed  by  the  Council,  and  immediately 
pay  all  of  the  same  into  the  treasury,  accompanied  by  the 
certificate  of  the  Auditor,  for  the  benefit  of  the  funds  to 
which  such  moneys  severally  belong.  When  the  last  day  of 
the  week  falls  upon  a  legal  holiday,  the  said  payments  shall 
be  made  on  the  next  preceding  business  day. 

Uniform  Accounts  and  Reports. 

Sec.  124.  Upon  the  recommendation  of  the  Commissioner 
of  Revenue  and  Finance  and  the  Auditor,  the  Council  shall 
provide  by  ordinance  a  system  of  accounting  for  the  City 
not  inconsistent  with  the  provisions  of  this  Charter,  which 
shall  be,  as  nearly  as  may  be,  a  uniform  system  as  to  all  de- 
partments. 

ARTICLE  XIX. 
PUBLIC  WORK  AND  SUPPLIES. 

Form  of  Contracts. 

/  Sec.  125.  All  contracts  shall  be  drawn  under  the  super- 
'  vision  of  the  City  Attorney.  All  contracts  must  be  in  writ- 
ing, executed  in  the  name  of  the  City  of  Oakland  by  an 
officer  or  officers  authorized  to  sign  the  same,  and  must  be 
countersigned  by  the  Auditor,  who  shall  number  and  reg- 
ister the  same  in  a  bookliept  for  that  purpose. 

^    Requirements  for  Bids. 

Sec.  126.  All  proposals  shall  be  made  upon  printed  forms 
to  be  prepared  by  the  City  and  furnished  gratuitously  upon 
application,  with  a  form  for  the  affidavit,  hereinafter  pro- 
vided for,  printed  thereon.  Each  bid  shall  have  thereon  the 
affidavit  of  the  bidder  that  such  bid  is  genuine  and  not 
sham  or  collusive  or  made  in  the  interest  or  in  behalf  of  any 
person  not  therein  named  and  that  the  bidder  has  not  di- 
rectly or  indirectly  induced  or  solicited  any  other  bidder  to 
put  in  a  sham  bid,  or  any  other  person,  firm  or  corporation 
to  refrain  from  bidding,  and  that  the  bidder  has  not  in  any 

80 


manner  sought  by  collusion  to  secure  to  himself  an  advant- 
age over  any  other  bidder.  Any  bid  made  without  such  affi- 
davit or  in  violation  thereof,  and  also  any  contract  let  there- 
under, shall  be  absolutely  void.  All  bids  shall  be  clearly  and 
distinctly  written  without  any  erasure  or  interlineation,  and 
if  any  bid  shall  have  an  erasure  or  interlineation  it  shall 
not  be  received  or  considered  by  the  Council  or  Board  as 
the  case  may  be. 

All  proposals  offered  shall  be  accompanied  by  a  check  cer- 
tified by  a  responsible  bank,  payable  to  the  order  of  the  City 
Clerk,  for  an  amount  not  less  than  ten  per  cent  of  the  ag- 
gregate of  the  proposal;  and  no  proposal  shall  be  consid- 
ered unless  accompanied  by  such  check. 

No  person,  firm  or  corporation  shall  be  allowed  to  make 
or  file  or  be  interested  in  more  than  one  bid  for  the  same 
work.  If,  on  the  opening  of  said  bids,  more  than  one  bid 
appear  in  which  the  same  person,  firm  or  corporation  is 
interested,  all  such  bids  shall  be  rejected. 

On  the  day  and  at  the  hour  specified  in  said  notice  invit- 
ing sealed  proposals  the  Council,  or  Board  as  the  case  may 
be,  shall  assemble  and  remain  in  session  for  at  least  one 
hour,  and  all  bids  shall  be  delivered  to  the  Council,  or  Board 
as  the  case  may  be,  while  it  is  so  in  session,  and  within  the 
hour  named  in  the  advertisement.  No  bid  not  so  delivered 
to  the  Council,  or  Board  as  the  case  may  be,  shall  be  consid- 
ered. Each  bid  as  it  is  received  shall  be  numbered  and 
marked  'Tiled"  by  the  President  and  authenticated  by  his 
signature.  At  the  expiration  of  the  hour  stated  in  the  ad- 
vertisement, within  which  the  bids  will  be  received,  the 
Council,  or  Board  as  the  case  mav  be,  shall,  in  open  session, 
open,  examine  and  publicly  declare  the  same,  and  an  ab- 
stract of  each  bid  shall  be  recorded  in  the  minutes  of  the 
Council,  or  Board  as  the  case  may  be,  by  the  City  Clerk  or 
the  Secretary  of  such  Board.  Before  adjourning,  the 
Council,  or  Board  as  the  case  may  be,  shall  compare  the 
bids  with  the  record  made  by  the  City  Clerk  or  the  Secre- 
tary of  such  Board,  and  shall  thereupon,  at  said  time,  or  at 
such  other  time,  not  exceeding  twenty  days  thereafter,  as 
the  Council,  or  Board  as  the  case  may  be,  may  adjourn  to, 
award  the  contract  to  the  lowest  bidder,  except  as  other- 
wise in  this  Charter  provided.  Notice  of  such  award  shall 
forthwith  be  posted  conspicuously  for  five  days  by  the  City 
Clerk,  or  the  Secretary  of  such  Board,  on  a  bulletin  board 
at  or  near  the  Council  Chamber  door  of  the  Council. 

The  Council,  or  Board  as  the  case  may  be,  may  reject  any 
and  all  bids,  and  must  reject  the  bid  of  any  party  who  has 
been  delinquent  or  unfaithful  in  any  former  contract  with 
the  City,  and  all  bids  other  than  the  lowest  regular  bid; 
and  on  accepting  such  lowest  bid,  shall  thereupon  return  to 

81 


the  proper  parties  the  checks  corresponding  to  the  bids  so 
rejected.  If  all  the  bids  are  rejected,  the  Council,  or  Board 
as  the  case  may  be,  shall  return  all  the  checks  to  the  proper 
parties  and  may  again  invite  sealed  proposals  as  in  the  first 
instance. 

The  check  accompanying  the  accepted  bid  shall  be  held 
by  the  City  Clerk  until  the  contract  for  doing  said  work,  as 
hereinafter  provided,  has  been  entered  into,  and  the  bond 
accompanying  the  same,  as  hereinafter  provided,  is  ap- 
proved and  filed,  whereupon  said  certified  check  shall  be  re- 
turned to  said  bidder. 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to 
do  said  work,  as  hereinafter  provided,  then  the  certified 
check  accompanying  his  bid,  and  the  amount  therein  men- 
tioned, shall  be  forfeited  to  the  City,  and  shall  be  collected 
and  paid  into  the  General  Fund.  Neither  the  City  Council 
nor  any  Board  shall  have  the  power  to  relieve  from  or  re- 
mit such  forfeiture. 

Penalty  for  Collusion. 

Sec.  127.  If  at  any  time  it  shall  be  found  that  the  per- 
son, firm  or  corporation  to  whom  a  contract  has  been 
awarded  has,  in  presenting  any  bid  or  bids,  colluded  with 
any  other  party  or  parties,  then  the  contract  so  awarded 
shall  be  null  and  void,  and  the  contractor  and  his  bonds- 
men shall  be  liable  to  the  City  for  all  loss  or  damage  which 
the  City  may  suffer  thereby,  and  the  Council,  or  Board  as 
the  case  may  be,  may  advertise  for  a  new  contract  for  said 
work. 

Contracts — Bonds. 

Sec.  128.  All  contracts  shall  be  signed  in  triplicate,  one 
of  which  with  the  specifications,  and  drawings  if  any,  of 
the  work  to  be  done  or  materials  to  be  furnished,  or  both 
as  the  case  may  be,  shall  be  filed  with  the  City  Clerk ;  one 
thereof  with  said  specifications  and  drawings  shall  be  kept 
in  the  office  of  the  Commissioner  of  the  department  under 
whose  supervision  the  work  is  to  be  done,  or  in  case  the 
work  is  being  done  under  the  supervision  of  a  Board,  then 
in  the  office  of  the  Secretary  of  such  Board ;  and  the  other 
with  said  specifications  and  drawings  shall  be  delivered  to 
the  contractor. 

At  the  same  time  with  the  execution  of  the  contract  the 
contractor  shall  execute  to  the  City  and  deliver  to  the 
Auditor  a  bond  in  the  form  named  in  the  notice  for  pro- 
posals with  two  or  more  sufficient  sureties  to  be  approved 
by  the  Council,  or  Board  as  the  case  may  be,  or  shall  de- 
posit with  the  Auditor  a  certified  check  upon  some  solvent 
bank  for  the  said  amount,  for  the  faithful  performance  of 

82 


the  contract.  No  suretj'  on  any  bond  other  than  lawfully 
authorized  surety  companies  shall  be  taken  unless  he  shall 
be  a  payer  of  taxes  on  property  not  exempt  from  execution 
or  subject  to  homestead  claim,  the  assessed  value  of  which 
over  and  above  all  encumbrances  is  equal  in  amount  to  his 
liabilities  on  all  bonds  on  which  he  may  be  surety  to  the 
City  and  each  surety  shall  certify  and  make  an  affidavit 
(for  which  a  form  shall  be  printed  upon  said  bond),  signed 
by  him,  that  he  is  assessed  upon  the  last  assessment  roll  of 
the  City,  in  his  own  name,  for  property  in  an  amount 
greater  than  his  liabilities  on  all  bonds  on  which  he  is  surety 
to  the  City,  and  that  the  taxes  on  such  property  so  as- 
sessed are  not  delinquent. 

The  contract  shall  specify  the  time  within  which  the 
work  shall  be  commenced  and  when  to  be  completed,  as  was 
specified  in  the  notice  inviting  proposals  therefor.  The 
Council,  or  the  Board  as  the  case  may  be,  may  extend  said 
time,  but  in  no  event  shall  the  time  for  the  performance 
of  any  contract  be  extended  for  more  than  ninety  days  be- 
yond the  time  originally  fixed  for  its  completion,  except 
by  the  unanimous  vote  of  the  Council,  or  Board  as  the  case 
may  be. 

In  case  of  failure  on  the  part  of  the  contractor  to  com- 
plete his  contract  within  the  time  fixed  in  the  contract  or 
within  such  extension  of  said  time  as  herein  provided  for, 
the  contract  shall  by  that  fact  be  terminated  and  the  Coun- 
cil, or  Board  as  the  case  may  be,  shall  not  thereafter  pay 
or  allow  him  any  further  compensation  for  any  work  done 
by  him  under  said  contract;  and  the  Council,  or  Board  as 
the  case  may  be,  may  proceed  to  complete  such  contract 
either  by  reletting  or  otherwise  and  the  contractor  and  his 
bondsmen  shall  be  liable  to  the  City  for  all  loss  or  damage 
which  it  may  suffer  on  account  of  his  failure  to  complete 
his  contract  within  such  time. 

Progressive  Payments  on  Contracts. 

Sec.  129.  Any  contract  may  provide  for  progressive  pay- 
ments, if  in  the  ordinance  authorizing  or  ordering  the  work 
permission  is  given  for  such  a  contract.  But  no  progres- 
sive payments  can  be  provided  for  or  made  at  any  time 
which,  with  prior  payments,  if  there  have  been  such,  shall 
exceed  in  amount  at  that  time  seventy-five  per  cent  of  the 
value  of  the  labor  done  and  the  materials  used  up  to  that 
time,  and  no  contract  shall  provide  for  or  authorize  or  per- 
mit the  payment  of  more  than  seventy-five  per  cent  of  the 
contract  price  before  the  completion  of  the  work  done  un- 
der said  contract  and  the  acceptance  thereof  by  the  proper 
officer,  department  or  board. 

83 


Public  Work  to  Be  Done  by  Contract. 

Sec.  130.  In  the  erection,  improvement  and  repair  of  all 
public  buildings  and  works,  in  all  streets  and  sewer  work, 
and  in  all  work  in  or  about  streams,  bays  or  water  fronts,  or 
in  or  about  embankments  or  other  works  for  protection 
against  overflow  or  erosion,  and  in  furnishing  any  supplies 
and  materials  for  the  same,  or  for  any  other  use  by  the 
City,  or  in  the  purchasing  of  any  supplies  to  be  used  by 
the  City,  when  the  expenditure  required  for  the  same  ex- 
ceeds the  sum  of  five  hundred  dollars,  shall  be  done  by  con- 
tract, and  shall  be  let  to  the  lowest  responsible  bidder,  after 
advertising  for  five  consecutive  days  in  the  official  news- 
paper for  sealed  proposals  for  the  work  contemplated  or 
supplies  to  be  furnished.  Such  notice  shall  distinctly  and 
specifically  state  the  work  contemplated  or  supplies  to  be 
furnished.  Provided,  however,  the  Council  may  reject  any 
and  all  bids,  if  deemed  excessive,  and  readvertise  for  bids, 
or  provide  for  the  work  to  be  done  by  the  Department  of 
Public  Works  or  the  supplies  to  be  purchased  in  the  open 
market;  but  in  no  case  shall  such  supplies  be  bought  at  a 
price  as  high  as  the  lowest  bid  received  from  a  responsible 
bidder.  In  case  no  bid  is  received  the  Council  may  likewise 
provide  for  the  work  to  be  done  by  the  Department  of 
Public  Works  or  the  supplies  to  be  purchased  in  the  open 
market. 

Indorsement  of  Auditor  Upon  Contracts. 

Sec.  131.  No  contracts  made,  the  expense  of  whose 
execution  is  not  provided  by  law  or  ordinance  to  be  paid 
oy  assessment  upon  the  property  benefited,  shall  be  bind- 
ing or  of  any  force,  unless  the  Auditor  shall  endorse  there- 
on his  certificate  that  there  remains  unexpended  and  un- 
applied as  herein  provided,  a  balance  of  the  appropriation 
or  fund  applicable  thereto,  sufficient  to  pay  the  estimated 
expense  of  executing  such  contract,  as  certified  by  the 
board  or  officer  making  the  same.  This  provision  shall  not 
apply  to  work  done,  or  supplies  furnished,  involving  expen- 
diture of  less  than  two  hundred  and  fifty  dollars,  unless  the 
same  is  required  by  law  to  be  done  by  contract  at  pubhc 
letting.  The  Auditor  shall  make  such  endorsement  upon 
every  such  contract  so  presented  to  him,  if  there  remains 
unapplied  and  unexpended  such  amount  so  certified  by  the 
board  or  officer  making  the  contract,  and  thereafter  such 
sum  shall  be  held  and  retained  to  pay  the  expense  incurred 
until  the  contract  shall  be  fully  performed.  The  Auditor 
shall  furnish  weekly  to  the  head  of  each  department  a  state- 
ment of  the  unexpended  balances  of  the  appropriation  for 
his  department. 

84 


Contracts  for  Official  Advertising. 

Sec.  132.  The  Council  shall  let  annually  contracts  for  the 
official  advertising  for  the  ensuing  fiscal  year.  For  this 
purpose  the  Council  shall  advertise  for  five  consecutive 
days,  setting  forth  distinctly  and  specifically  the  work  con- 
templated to  be  done,  including  the  type  and  spacing  to  be 
used,  and  asking  for  sealed  proposals  therefor.  The  Coun- 
cil shall  let  the  contracts  for  such  official  advertising  to 
the  lowest  responsible  bidder  publishing  a  daily  newspaper 
in  the  City  of  Oakland  which  is  a  newspaper  of  general  cir- 
culation, having  a  bona  fide  general  circulation  of  at  least 
five  thousand  (5000)  copies,  and  which  newspaper  has 
been  regularly  published  in  said  City  for  two  successive 
years  prior  to  the  time  of  awarding  the  contract,  provided, 
that  the  Council  may  reject  any  or  all  bids  if  found  exces- 
sive, and  advertise  for  new  bids. 

The  newspaper  to  which  the  award  of  such  advertising 
is  made  shall  be  known  and  designated  as  the  ''official 
newspaper."  Except  when  otherwise  provided  in  this 
Charter,  or  by  general  law,  all  official  publications  made 
Dv  the  City  shall  be  made  in  the  official  newspaper  only. 

All  election  notices,  or  lists  of  candidates  for  office,  de- 
partment reports,  ordinances,  charters,  or  charter  amend- 
ments, advertising,  publicity  affairs,  or  other  publications 
required  or  authorized  by  this  Charter,  by  general  law,  or 
by  any  ordinance  of  the  City  to  be  made  in  any  newspaper 
and  all  such  publications  for  which  the  City  of  Oakland 
may  be  liable,  shall  be  paid  for  by  the  City  at  such  rates 
as  shall  not,  in  any  event,  exceed  the  ordinary  and  regular 
advertising  rates  charged  other  advertisers;  and  all  print- 
ing of  books,  pamphlets,  bills,  letterheads  or  other  docu- 
ments or  printed  matter  required  by  the  City  shall  be  paid 
for  at  a  price  not  exceeding  the  usual  business  rates  there- 
for. No  bill  shall  be  paid  by  the  City  for  such  advertising 
or  printing  in  excess  of  the  said  usual  business  rates. 

Contracts  for  Lighting. 

Sec.  133.  No  contract  for  lighting  streets,  public  build- 
ings, places  or  offices  shall  be  made  for  a  longer  period  than 
one  year,  nor  shall  any  contract  to  pay  for  electric  light  or 
any  illuminating  material  at  a  higher  rate  than  the  mini- 
mum price  charged  to  any  other  consumer  during  the  life 
of  said  contract  with  the  City  be  valid. 

Contracts  for  Water. 

Sec.  134.  No  contract  for  supplying  water  for  the  use 
of  the  municipality  in  any  of  its  departments  shall  be  valid 
wherein  the  rates  exceed  the  minimum  rates  charged  to 

85 


other  consumers  during  the  life  of  said  contract  with  the 

City. 

Hours  of  Labor. 

Sec.  135.  The  maximum  time  of  labor  or  service  required 
of  any  laborer,  workman  or  mechanic  employed  upon  any 
municipal  work,  whether  so  employed  directly  by  the  City 
and  its  officers,  or  by  a  contractor  or  sub-contractor,  shall 
be  eight  hours  during  any  one  calendar  day. 

Collusion  with  Bidder—Effect  on  Officer. 

Sec.  136.  Any  officer  of  the  City,  or  of  any  department 
thereof,  who  shall  aid  or  assist  a  bidder  in  securing  a  con- 
tract to  furnish  labor,  material  or  supplies  at  a  higher  price 
than  that  proposed  by  any  other  bidder,  or  who  shall  favor 
one  bidder  over  another  by  giving  or  withholding  informa- 
tion or  who  shall  wilfully  mislead  any  bidder  in  regard  to 
the  character  of  the  material  or  supplies  called  for,  or  who 
shall  knowingly  accept  materials  or  supplies  of  a  quality 
inferior  to  those  called  for  by  the  contract,  or  who  shall 
knowingly  certify  to  a  greater  amount  of  labor  performed 
than  has  been  actually  performed,  or  to  the  receipt  of  a 
greater  amount  or  different  kind  of  material  or  supplies 
than  has  been  actually  received,  shall  be  deemed  guilty  of 
malfeasance  and  shall  be  removed  from  office,  and  be  for- 
ever ineligible  to  hold  any  office  or  employment  in  or  un- 
der the  City  of  Oakland. 

ARTICLE  XX. 

FRANCHISES. 

Property  Rights  of  the  City  Inalienable. 

Sec.  137.  The  rights  of  the  City  in  and  to  its  water 
front,  wharf  property,  land  under  water,  public  buildings, 
wharves,  docks,  streets,  highways,  public  parks  and  all 
other  public  places,  except  as  otherwise  provided  in  this 
Charter,  are  hereby  declared  inalienable. 

No  Use  of  Streets  Without  a  Franchise. 

Sec.  138.  No  person,  firm  or  corporation  shall  ever  exer- 
cise any  franchise,  permit  or  privilege  mentioned  in  this 
article  except  in  so  far  as  he  or  it  may  be  entitled  to  do  so 
by  direct  authority  of  the  Constitution  of  California  or  of 
the  Constitution  or  laws  of  the  United  States,  in,  upon, 
over,  under  or  along  any  street,  highway  or  other  public 
place  in  the  City  unless  he  or  it  shall  have  obtained  a  grant 
therefor  in  accordance  with  the  provisions  of  this  article 
of  this  Charter. 


Franchises  to  Use  Streets. 

Sec.  139.  Every  franchise,  permit  or  privilege  for  the 
purposes  hereinafter  enumerated  in  this  Section  shall,  ex- 
cept as  otherwise  provided  in  the  Constitution  of  the  State 
of  California,  be  granted  by  the  Council  upon  the  condition 
specified  in  this  Article,  and  not  otherwise; 

(1)  Every  franchise,  permit  or  privilege  to  construct 
or  maintain  or  operate  a  street  railroad,  a  suburban  rail- 
road, or  an  interurban  railroad  along,  upon,  over,  in,  under 
or  across  any  street,  lane,  alley,  court,  highway,  road,  park, 
or  other  public  place  in  the  City  of  Oakland. 

(2)  Every  franchise,  permit  or  privilege  to  lay  or  main- 
tain or  operate  pipes  or  conduits  along,  upon,  over,  in,  un- 
der or  across  any  street,  lane,  alley,  court,  highway,  road, 
park,  or  other  public  place  in  the  City  of  Oakland  for  the 
purpose  of  transmitting  water,  gas,  steam,  oil,  air  or  other 
substances. 

(3)  Every  franchise,  permit  or  privilege  to  erect  or 
maintain  or  operate  poles  or  to  string  wires  along,  upon, 
over,  under,  in  or  across  any  street,  lane,  alley,  court,  high- 
way, road,  park,  or  other  public  place  in  the  City  of  Oak- 
land, for  the  purpose  of  transmitting  electricity  or  electri- 
cal energy. 

Nothing  in  this  section  shall  be  construed  as  applying  to 
spur  or  side  tracks  provided  for  in  subdivision  Fifty-five 
(55)  of  Sec.  Fifty-one  (51)  of  this  Charter. 

Applications  for  Franchises. 

Sec.  140.  (1)  An  applicant  for  a  franchise,  permit  or 
privilege  shall  file  with  the  Council  an  application  therefor, 
and  thereupon  the  Council  shall,  if  it  proposes  to  grant  the 
same,  advertise  the  fact  of  said  application,  together  with 
a  statement  that  it  is  proposed  to  grant  the  same,  in  the 
official  newspaper  of  the  City.  The  publication  of  such  ad- 
vertisement must  run  for  ten  successive  days,  Sundays  and 
legal  holidays  excepted,  and  must  be  completed  not  less 
than  fifteen  and  not  more  than  thirty  days  before  any 
further  action  can  be  taken  on  such  application. 

Conditions  of  Grant. 

(2)  The  advertisement  must  state  the  character  of  the 
franchise,  permit  or  privilege  it  is  proposed  to  grant,  and,  if 
it  be  a  street  railroad,  or  a  suburban  or  interurban  rail- 
road, the  route  to  be  traversed;  that  sealed  bids  therefor 
will  be  opened  at  a  stated  time  and  place,  and  that  the  fran- 
chise, permit  or  privilege  will  be  awarded  to  the  bidder  of- 
fering to  pay  to  the  City  during  the  life  of  the  franchise, 
permit  or  privilege,  the  highest  percentage  of  the  gross 

87 


annual  receipts  received  from  the  use,  operation  or  posses- 
sion of  the  franchise,  permit  or  privilege,  provided  that 
such  percentage  be  not  less  than  two  per  cent  of  said  gross 
annual  receipts  during  the  first  five  years,  not  less  than 
four  per  cent  during  the  next  ten  years  and  not  less  than 
five  per  cent  during  the  last  twenty  years,  provided  that  if 
the  franchise,  permit,  or  privilege  be  a  renewal  of  a  right 
already  in  existence,  the  payment  of  the  highest  percentage 
of  the  gross  receipts  shall  begin  immediately  on  the  taking 
effect  of  the  new  franchise,  and  provided  further  that  the 
Council  shall  have  the  right  to  reject  any  and  all  bids. 

Bidding  for  the  Franchise. 

(3)  At  the  time  of  opening  the  sealed  bids,  any  respon- 
sible person,  firm  or  corporation  may  bid  for  such  franchise, 
permit,  or  privilege  not  less  than  one-half  of  one  per  cent  of 
the  gross  annual  receipts  for  the  entire  term  of  the  fran- 
chise above  the  highest  sealed  bid  therefor,  and  such  bid  so 
made  may  be  raised  not  less  than  one-half  of  one  per  cent  of 
the  gross  annual  receipts  for  such  entire  term  by  any  other 
responsible  bidder,  and  such  bidding  may  continue  until 
finally  such  franchise  shall  be  struck  off,  sold  and  awarded 
by  the  Council  to  the  person,  firm  or  corporation  offering 
the  highest  percentages  of  the  gross  annual  receipts  aris- 
ing from  the  use,  operation  or  possession  of  such  franchise, 
subject  to  the  provisions  of  subdivision  two  (2)  of  this 
section;  provided,  that  if,  in  the  judgment  of  the  Council,  no 
adequate  or  responsible  bid  has  been  made,  the  Council  may 
withdraw  such*f ranchise  from  sale  or  advertise  for  new  bids. 

If  the  franchise,  permit  or  privilege  is  for  a  street  rail- 
road, or  a  suburban  railroad  or  an  interurban  railroad 
which  shall  extend  beyond  the  limits  of  the  City  of  Oak- 
land, then  and  in  that  case  the  percentages  of  gross  re- 
ceipts above  specified  shall  be  computed  or  reckoned  as  fol- 
lows: The  total  length  of  the  said  railroad  within  and 
without  the  City  shall  be  compared  to  the  length  of  the 
said  railroad  within  the  City  for  which  a  franchise,  permit 
or  privilege  is  bid  for,  and  such  fraction  of  the  entire  gross 
receipts  for  the  whole  of  such  railroad  within  and  without 
the  City  as  the  portion  of  such  railroad  within  the  City  is 
of  the  said  whole  railroad  shall  be  deemed  and  considered 
the  gross  receipts  upon  which  the  above  percentages  to  be 
paid  into  the  City  treasury  shall  be  reckoned.  Any  street 
railroad,  suburban  railroad  or  interurban  railroad  which, 
without  having  a  franchise,  permit  or  privilege  from  the 
City  of  Oakland  so  to  do,  uses  the  tracks  of  any  other  street 
railroad,  suburban  railroad  or  interurban  railroad  within 
the  City  of  Oakland,  shall  pay  into  the  treasury  of  the  City 
of  ^  Oakland  such  minimum  percentages  of  the  gross  re- 
ceipts as  are  specified  in  subdivision  two  (2)  of  this  section. 

88 


Deposit  as  Guarantee  of  Good  Faith. 

(4)  Every  application  for  a  franchise,  permit,  or  privi- 
lege under  this  article  and  every  bid  except  that  of  the 
applicant  under  this  article  shall  be  accompanied  by  a  cash 
deposit  of  two  thousand  dollars  or  a  certified  check  for  said 
amount,  payable  to  the  City  Clerk,  certified  to  by  some  re- 
sponsible bank,  as  a  guarantee  of  the  good  faith  of  the 
applicant  or  bidder,  and  as  a  fund  out  of  which  to  pay  all 
expenses  connected  with  such  application  and  the  granting 
of  such  franchise,  permit  or  privilege. 

Upon  the  franchise,  permit  or  privilege  being  awarded, 
all  deposits  made  by  unsuccessful  bidders  shall  be  returned. 
The  deposit  of  the  successful  bidder  shall  be  retained  until 
the  approval  and  filing  of  the  bond  hereinafter  provided 
for,  whereupon  the  remainder  of  such  deposit,  after  the 
payment  therefrom  of  all  expenses  incurred  by  the  City 
in  connection  with  the  advertising  and  awarding  of  such 
franchise,  permit  or  privilege,  shall  be  returned. 

Free  Competition  in  Bidding. 

(5)  No  clause  or  condition  of  any  kind  shall  be  inserted 
in  any  advertisement  of  any  franchise,  permit  or  privilege 
offered  for  sale  under  the  terms  of  this  article  which  shall 
directly  or  indirectly  restrict  free  and  open  competition  in 
bidding  therefor. 

Bond. 

(6)  The  successful  bidder  for  any  franchise,  permit  or 
privilege  awarded  under  this  article  shall  file  a  bond  run- 
ning to  the  City  to  be  approved  by  the  Council,  in  the  penal 
sum  prescribed  by  the  Council  and  set  forth  in  the  adver- 
tisement for  bids,  conditioned  that  such  bidder  shall  well 
and  truly  obser\'e  and  faithfully  perform  each  and  every 
term  and  condition  of  such  franchise,  permit  or  privilege, 
and  that  in  case  of  any  breach  of  condition  of  such  bond, 
the  whole  amount  of  the  penal  sum  therein  named  shall  be 
taken  and  deemed  to  be  liquidated  damages  and  shall  be 
recoverable  from  the  principal  and  surety  upon  such  bond. 

Such  bond  shall  be  filed  with  the  Council  within  five 
days  after  such  franchise,  permit  or  privilege  is  awarded, 
and  within  thirty  days  after  the  filing  and  approval  of  such 
bond  such  franchise,  permit  or  privilege  shall  by  the  Coun- 
cil be  granted  by  ordinance,  subject  to  the  referendum  pro- 
visions of  this  Charter,  to  the  person,  firm  or  corporation 
to  whom  it  shall  have  been  struck  off,  sold,  or  awarded,  and 
in  case  such  bond  shall  not  be  so  filed,  the  award  of  such 
franchise,  permit  or  privilege  shall  be  set  aside  and  any 
money  deposited  in  connection  with  the  awarding  of  the 
franchise,  permit  or  privilege  shall  be  forfeited  and  the 
franchise,  permit  or  privilege  shall,  in  the  discretion  of  the 

89 


Council,  be  readvertised  and  again  offered  for  sale  in  the 
same  manner  and  under  the  same  restrictions  as  herein- 
before provided. 

Life  of  Franchise. 

Sec.  141.  The  maximum  length  of  time  for  which  a 
franchise,  permit  or  privilege  to  use  the  streets,  alleys, 
highways,  lands,  waters,  or  other  public  places  in  the  City 
may  be  granted  to  any  person,  firm  or  corporation  shall 
be  thirty-five  (35)  years. 

Beginning  and  Completion  of  Work. 

Sec.  142.  Construction  work  under  any  franchise,  per- 
mit or  privilege  granted  in  accordance  with  the  terms  of 
this  Article  shall  be  commenced  in  good  faith  within  not 
more  than  four  months  from  the  date  of  the  taking  effect 
of  the  ordinance  granting  such  franchise,  permit  or  privi- 
lege, and  if  not  so  commenced  within  said  time,  said  fran- 
chise, permit  or  privilege  shall  be  forfeited.  Work  under 
any  franchise,  permit  or  privilege  so  granted  shall  be 
completed  within  the  time  fixed  for  such  completion  in  the 
ordinance  granting  such  franchise,  permit  or  privilege, 
which  time  shall  be  not  more  than  three  years  from  the 
date  of  the  taking  effect  of  the  ordinance  granting  said 
franchise,  permit  or  privilege,  and  if  not  so  completed 
within  said  time,  said  franchise,  permit  or  privilege  shall 
be  forfeited;  provided,  that  if  good  cause  be  shown,  the 
Council  may  by  resolution  extend  the  time  for  completion 
thereof  not  exceeding  three  months ;  and  provided,  that  the 
limitations  and  provisions  hereof  as  to  the  time  within 
which  work  shall  be  completed,  shall  not  apply  to  exten- 
sions of  service  under  franchises,  permits  or  privileges 
other  than  for  railroads,  street  railroads,  suburban  or  inter- 
urban  railroads. 

Service  and  Accommodation. 

Sec.  143.  The  grant  of  every  franchise,  permit  or  privi- 
lege shall  be  subject  to  the  right  of  the  City,  whether  or 
not  reserved  in  such  grant,  to  make  all  regulations  which 
shall  be  necessary  to  secure  in  the  most  ample  manner  the 
safety,  welfare  and  accommodation  of  the  public,  including 
among  other  things  the  right  to  pass  and  enforce  ordinances 
to  protect  the  public  from  danger  or  inconvenience  in  the 
operation  of  any  work  or  business  authorized  by  the  grant 
of  the  franchise,  permit  or  privilege,  and  the  right  to  make 
and  enforce  all  such  regulations  as  shall  be  reasonably 
necessary  to  secure  adequate,  sufficient  and  proper  service 
and  accommodations  for  the  people  and  insure  their  com- 
fort and  convenience. 


Rates  and  Charges. 

Sec.  144.  The  grant  of  every  franchise,  permit  or  privi- 
lege shall  be  subject  to  the  right  of  the  City,  whether  or 
not  reserved  in  such  grant  to  prescribe  and  regulate  the 
rates,  fares,  rentals  or  charges  made  for  the  service  ren- 
dered under  such  franchise,  permit  or  privilege.  The  grant 
of  every  franchise,  permit  or  privilege  for  a  railroad,  street 
railroad,  or  a  suburban  or  interurban  railroad  shall  provide 
that  all  United  States  mail  carriers  when  in  uniform,  and 
all  policemen,  firemen  and  employees  of  the  Electrical  De- 
partment of  the  City  while  in  the  actual  discharge  of  their 
duties,  be  allowed  to  ride  on  all  cars  of  such  railroad  within 
the  boundaries  of  the  City,  without  paying  fare  therefor 
and  with  all  the  rights  of  other  passengers. 

Right  of  City  to  Assume  Ownership. 

Sec.  145.  Every  ordinance  granting  any  franchise,  per- 
mit or  privilege  provided  for  in  this  Article  shall  provide 
that  at  the  expiration  of  the  period  for  which  the  franchise, 
permit  or  privilege  is  granted,  or  at  such  time  before  said 
expiration  as  may  be  specified  in  said  ordinance,  the  City, 
at  its  election,  may,  upon  the  payment  of  a  fair  valuation 
therefor,  to  be  made  in  the  manner  provided  in  the  ordin- 
ance, purchase  and  take  over  to  itself  the  property  and 
plant  of  the  grdBfee,  his  successors  or  assigns,  used  in  the 
enjoyment  of  fl^said  franchise,  permit  or  privilege.  In 
no  case,  however,  shall  the  value  of  the  franchise,  permit 
or  privilege  or  the  values  commonly  known  as  ''good  will" 
or  ''going  value"  be  considered  or  taken  into  account  in  fix- 
ing such  valuation.  The  grantee,  his  successors  or  assigns, 
of  any  franchise,  permit  or  privilege  under  this  article  shall 
be  required  in  said  ordinance  to  file  monthly  with  the  City 
Clerk  an  itemized  statement  of  the  expenditures  for  new 
construction  during  the  calendar  month  next  preceding  the 
filing  of  said  statement;  and  said  statement  shall  be  veri- 
fied by  the  oaths  of  the  president  and  secretary  of  the 
grantee,  his  successor  or  assign,  if  such  grantee,  successor 
or  assign  be  a  corporation,  or  by  the  oaths  of  a  majority  of 
the  members  of  the  firm,  if  the  said  grantee,  successor  or 
assign  be  a  firm,  or  by  his  oath,  if  the  grantee,  his  successor 
or  assign  be  a  person.  No  cost  of  maintenance,  operation,  re- 
pair or  renewal  shall  be  considered  to  be  a  cost  of  construc- 
tion. Or  it  may  be  provided  in  the  ordinance  granting  a 
franchise,  permit  or  privilege  under  this  Article  that  the 
property  and  plant  of  the  grantee,  his  successors  or  assigns, 
used  in  the  enjoyment  of  the  said  franchise,  permit  or 
privilege  shall,  at  the  expiration  of  the  period  for  which 
the  franchise,  permit  or  privilege  was  granted,  revert  to 
and  become  the  property  of  the  City  without  any  compen- 

91 


sation  being  made  by  the  City  to  said  grantee,  his  succes- 
sors or  assigns.  But  in  no  case  shall  any  property  of  any 
such  grantee,  his  successors  or  assigns,  be  taken  over  by 
the  City  with  or  without  compensation,  without  being  sub- 
ject to  the  referendum  vote  as  in  this  Charter  provided,  if 
referendum  be  demanded  by  the  people. 

Regulation  of  Public  Utility  Rates. 

Sec.  146.  Every  ordinance  granting  any  franchise,  per- 
mit or  privilege  shall  provide  that  the  Council  shall  have 
the  right  annually  to  regulate  and  fix  the  price  or  rate  at 
which  commodities,  productions  or  services  shall  be  sold  or 
rendered  under  such  franchise,  permit  or  privilege.  But  the 
Council  in  the  exercise  of  this  right  shall  not  fix  said  price 
or  rate  at  a  lower  price  or  rate  than  will  produce  a  net 
revenue  to  the  grantee  of  said  franchise,  permit  or  privilege, 
his  successors  or  assigns,  of  less  than  five  per  centum  per 
annum,  computed  on  the  actual  cost  of  construction  of  the 
plant  and  property  actually  used  and  employed  in  the  tran- 
saction of  the  business  of  said  grantee,  his  successors  or 
assigns,  under  said  franchise,  permit  or  privilege. 

No  Conveyance  Necessary  for  City's  Ownership. 

Sec.  147.  Every  ordinance  granting  any  franchise,  per- 
mit, or  privilege  shall  provide  that  the  Ciiv  may  take  over 
to  itself  and  become  the  owner  of  the  -jMmerty  and  plant 
of  any  grantee  as  provided  in  this  artil^  without  the 
execution  of  any  instrument  or  conveyance.  The  granting 
of  the  franchise,  permit,  or  privilege  shall  be  set  forth  in 
all  ordinances  granting  franchises,  permits  or  privileges  as 
a  valuable  consideration,  for  which  the  grantee,  his  succes- 
sors and  assigns,  agrees  to  conform  to  the  terms  and  con- 
ditions of  the  said  ordinance. 

Lease  or  Assignment  of  Franchise. 

Sec.  148.  No  franchise,  permit  or  privilege  granted  by 
the  City  shall  be,  in  whole  or  in  part,  leased,  assigned  or 
otherwise  disposed  of,  or  transferred  without  the  express 
consent  of  the  City  given  by  ordinance,  and  no  dealings 
with  any  one  on  the  part  of  the  City  to  require  the  per- 
formance of  any  act  or  payment  of  any  compensation  by 
any  one  shall  be  deemed  to  operate  as  such  consent;  pro- 
vided that  nothing  herein  shall  be  construed  to  prevent  the 
grantees  from  the  City  of  such  franchise,  permit  or  privi- 
lege from  including  it  in  a  mortgage  or  trust  deed  executed 
for  the  purpose  of  obtaining  money  for  corporate  business. 

Street  Sprinkling,  Cleaning  and  Paving. 

Sec.  149.  Every  grant  of  any  franchise,  permit  or  priv- 
ilege in,  over,  under  or  along  any  of  the  streets,  highways 

92 


or  public  places  in  the  City  for  railroad,  street  railway, 
suburban  or  interurban  railway  purposes,  shall  be  subject 
to  the  conditions  that  the  person,  firm  or  corporation  exer- 
cising or  enjoying  the  same  shall  sprinkle,  clean,  plank  or 
replank,  pave  or  repave,  macadamize  or  remacadamize  the 
entire  length  of  the  street,  highway  or  other  public  place 
used  by  the  track  or  tracks  of  such  railroad  or  railway,  and 
between  the  rails,  and  for  two  feet  on  each  side  thereof, 
and  between  the  tracks,  if  there  be  more  than  one,  and 
keep  the  same  constantly  in  repair,  flush  with  the  street, 
and  with  good  crossings;  and  such  street  work  must  be 
done  with  such  kind  of  materials  and  in  such  manner  as 
the  Council  may  by  ordinance  direct,  at  the  same  time  and 
as  a  part  of  the  same  operation  as  the  work  on  the  remain- 
der in  width  of  said  street,  highw^ay  or  other  public  place, 
to  the  satisfaction  of  the  Superintendent  of  Streets. 

Examination  of  Company's  Books.    Audit. 

Sec.  150.  All  ordinances  granting  franchises,  permits  or 
privileges  under  this  Article  shall  provide  that  the  grantee, 
his  successors  or  assigns,  shall  keep,  in  such  manner  as  the 
Council  may  from  time  to  time  require,  vouchers,  records, 
and  books  of  accounts.  The  City  of  Oakland,  by  and 
through  its  Mayor,  Auditor,  Deputy  Auditor,  accountants 
or  such  other  agents  as  may,  from  time  to  time,  be  ap- 
pointed by  the  Mayor,  Auditor  or  Council,  shall  have  the 
right  at  all  reasonable  times  to  examine  all  the  books, 
vouchers,  records  and  other  papers  of  all  persons,  firms  or 
corporations  exercising  or  enjoying  any  franchise,  permit 
or  privilege  under  this  Article.  A  refusal  to  keep  said  books, 
vouchers  and  records  in  the  manner  provided  above  or  to 
produce  for  inspection  in  the  City  of  Oakland  said  books, 
vouchers  and  records  at  all  reasonable  times  for  examina- 
tion by  the  Mayor,  Auditor,  Deputy  Auditor,  accountants 
or  other  agents  appointed  by  the  Mayor,  Auditor  or  Coun- 
cil shall  w^ork  a  forfeiture  of  the  said  franchise,  permit  or 
privilege. 

Annua]  Reports  of  Company. 

Sec.  151.  Every  person,  firm  or  corporation  operating 
any  business  under  a  franchise,  permit  or  privilege  granted 
under  this  Article  shall  file  annually  with  the  City  Auditor 
on  such  date  as  shall  be  fixed  by  the  Council  a  report  for 
the  preceding  year. 

Such  report  shall  be  in  writing,  verified  by  the  affidavit 
of  such  person  or  persons,  or  officer  of  the  corporation,  as 
the  Council  shall  direct,  and  shall  contain  a  statement,  in 
such  form  and  details  as  shall  from  time  to  time  be  pre- 
scribed by  the  Council  of  all  the  gross  receipts  arising  from 

93 


all  the  business  done  by  said  person,  firm  or  corporation, 
under  said  franchise,  permit  or  privilege  within  the  City 
of  Oakland,  for  the  year  immediately  preceding  such  re- 
port. Such  report  shall  contain  such  further  statements  as 
may  be  required  by  the  Council  concerning  the  character 
and  amount  of  business  done  under  said  franchise,  permit 
or  privilege,  and  the  amount  of  receipts  and  expenses  con- 
nected therewith,  and  also  an  itemized  account  of  the 
money  expended  under  said  franchise,  permit  or  privilege 
for  new  construction,  repairs  and  betterments  during  the 
year. 

Books  of  Records  and  Reference. 

Sec.  152.  The  Mayor  shall  provide  and  cause  to  be  kept 
in  the  office  of  the  City  Clerk  the  following  books  of  record 
and  reference : 

First — A  franchise  record,  indexed,  and  of  proper  form, 
in  which  shall  be  transcribed  accurate  and  correct  copies  of 
all  franchises  or  grants  by  the  City  to  any  person,  persons, 
or  corporation  owning  or  operating  any  public  utility.  The 
index  of  said  record  shall  give  the  name  of  the  grantee  and 
thereafter  the  name  of  any  assignee  thereof.  Said  record 
shall  be  a  complete  history  of  all  franchises  granted  by  the 
City  and  shall  include  a  comprehensive  and  convenient 
reference  to  actions,  contests,  or  proceedings  at  law,  if  any, 
affecting  the  same. 

Second — A  public  utility  record,  of  every  person,  persons, 
or  corporation  owning  or  operating  any  public  utility  under 
any  franchise  granted  by  the  City,  into  which  shall  be 
transcribed  accurate  and  correct  copies  of  each  and  every 
franchise  granted  by  the  City  to  said  person,  persons,  or 
corporation,  or  which  may  be  controlled  or  acquired  by  them 
or  it,  together  with  copies  of  all  annual  reports  and  in- 
spection reports,  as  herein  provided,  and  such  other  matters 
of  information  and  public  interest  concerning  the  same  as 
the  Mayor  may,  from  time  to  time  acquire.  In  case  annual 
reports  are  not  filed  and  inspections  are  not  made,  as  pro- 
vided, the  Mayor  shall  record  such  fact  in  the  public  utility 
record,  and  in  writing,  report  the  same  to  the  Council. 

Payment  of  Gross  Receipts. 

Sec.  153.  The  stipulated  percentage  of  gross  receipts  pro- 
vided in  this  Charter  to  be  paid  for  the  use  and  enjoyment 
of  any  franchise,  permit  or  privilege  shall  be  paid  annually 
at  the  time  of  filing  the  annual  report  provided  for  in  sec- 
tion one  hundred  and  fifty-one  (151)  of  this  Charter  to 
be  filed  by  persons,  firms  or  corporations  holding  fran- 
chises, permits  or  privileges.  Failure  to  pay  such  per- 
centage shall  work  a  forfeiture  of  the  franchise. 

94 


Forfeiture  for  Non-Compliance. 

Sec.  154.  Every  ordinance  granting  any  franchise,  per- 
mit or  privilege  shall  provide  for  the  termination  and  for- 
feiture thereof  for  any  breach  or  failure  to  comply  with 
any  of  the  terms,  limitations  or  conditions  thereof,  and  in 
all  such  cases  the  Council  shall  have  power  to  declare  the 
termination  and  forfeiture  of  any  such  franchise,  permit  or 
privilege,  the  same  as  though  in  each  instance  such  power 
was  expressly  reserved;  and  wherever  the  Charter  shall 
provide  that  any  ordinance  granting  a  franchise,  permit  or 
privilege  shall  contain  any  terms  or  conditions  whatsoever, 
the  said  terms  and  conditions  shall  be  considered  as  in- 
cluded in  said  franchise,  permit  or  privilege,  whether  or  not 
specified  in  the  ordinance  granting  said  franchise,  permit 
or  privilege. 

Limitations  on  Water  Front  Franchises. 

Sec.  155.  No  exclusive  franchise,  permit  or  privilege,  ex- 
cept for  the  purpose  of  constructing  or  maintaining  or 
operating  railroads,  wharves,  docks,  slips,  quays,  drydocks, 
graving  docks,  shipyards  or  marine  railways  and  the  appur- 
tenances necessary  to  each  and  all  of  them,  shall  be  granted 
by  the  City  or  the  Council  to,  in,  over  or  upon  any  portion  of 
the  bed  of  the  Bay  of  San  Francisco  or  of  the  Estuary  of 
San  Antonio,  or  of  the  Bay  of  San  Leandro.  And  all  fran- 
chises, permits  or  privileges  for  railroads  to,  in,  on,  over 
or  upon  any  portion  of  the  bed  of  the  Bay  of  San  Francisco 
or  the  Estuary  of  San  Antonio,  or  of  the  Bay  of  San 
Leandro  shall  be  subject  to  the  right  of  any  and  all  other 
railroads  or  railroad  companies  to  have  their  cars  switched 
and  transported,  by  the  operators  of  railroads  under  such 
franchises,  permits  or  privileges,  to  designated  points  and 
for  designated  purposes,  onto  and  over  all  tracks -Dperated 
under  said  franchises,  permits  or  privileges,  upon  payment 
of  a  reasonable  compensation  for  such  switching  and  trans- 
portation. But  no  franchise,  permit  or  privilege  shall  be 
granted  for  any  portion  of  the  bed  of  the  Bay  of  San  Fran- 
cisco greater  in  width  than  seven  hundred  feet  measured 
at  right  angles  to  Twelfth  street  or  to  B  street  projected 
westerly.  And  no  franchise,  permit  or  privilege  shall  be 
granted  for  any  portion  of  the  bed  of  the  Estuary  of  San 
Antonio,  between  the  eastern  line  of  Linden  street,  pro- 
jected southerly  and  the  eastern  line  of  Alice  street  pro- 
jected southerly,  greater  in  width  than  seven  hundred  feet 
measured  at  right  angles  to  Broadway  or  to  Adeline  street. 
No  exclusive  franchise,  permit  or  privilege  for  any  portion 
of  the  bed  of  the  Bay  of  San  Francisco  shall  be  granted 
within  seven  hundred  feet  of  any  other  exclusive  franchise, 
permit  or  privilege  for  any  portion  of  the  bed  of  the  Bay 

95 


of  San  Francisco.  No  exclusive  franchise,  permit  or  priv- 
ilege for  any  portion  of  the  bed  of  the  Estuary  of  San 
Antonio,  between  the  eastern  line  of  Linden  street  projected 
southerly  and  the  eastern  line  of  Alice  street  projected 
southerly  shall  be  granted  within  seven  hundred  feet  of 
any  other  exclusive  franchise,  permit  or  privilege  to  any 
portion  of  the  bed  of  the  Estuary  of  San  Antonio.  Nothing 
shall,  under  any  franchise,  permit  or  privilege,  be  con- 
structed upon,  in,  over  or  under  any  portion  of  the  bed  of 
the  Bay  of  San  Francisco  or  the  Estuary  of  San  Antonio 
or  of  the  Bay  of  San  Leandro  which  shall  obstruct,  hinder 
or  prevent  the  construction,  maintenance  and  operation  of 
such  continuous  belt  lines  of  railroad  along  the  whole  length 
of  the  water  front  as  the  Council  may  provide  for. 

Switching  Rights. 

Sec.  156.  All  franchises,  permits  and  privileges  for  the 
construction  or  maintenance  or  operation  of  any  railroad, 
other  than  street  railroads,  shall  contain  a  stipulation  and 
condition  that  all  other  persons,  firms  or  corporations  build- 
ing or  maintaining  or  operating  other  railroads  (not  street 
railroads)  in  the  City  of  Oakland  and  all  persons,  firms  or 
corporations  desiring  to  avail  themselves  of  the  benefits 
and  privileges  and  rights  conferred  by  any  such  franchise, 
permit  or  privilege  shall  have  a  common  right  to  have  their 
cars  switched  and  transported  by  the  holder  or  holders  of 
such  franchise,  permit  or  privilege  on  railroad  tracks  con- 
structed or  maintained  or  operated  under  the  terms  of  such 
franchise,  permit  or  privilege ;  and  such  tracks  shall  be 
operated  on  equal  and  reasonable  pro  rata  rates  with  equal 
facilities  for  such  purposes,  and  such  rights,  rates  and 
facilities  shall  be  extended  without  discrimination  to  all 
persons,  firms  and  corporations  desiring  the  same. 

Franchises  Not  in  Use  Forfeited. 

Sec.  157.  All  franchises  and  privileges  heretofore  granted 
by  the  City  which  are  not  in  actual  use  or  enjoyment  or 
which  the  grantees  thereof  have  not  in  good  faith  com- 
menced to  exercise,  shall  be  and  become  forfeited  and  in- 
valid, unless  such  grantees  or  their  assigns  shall,  within 
six  months  after  this  Charter  takes  effect,  in  good  faith 
commence  the  exercise  and  enjoyment  of  such  franchise, 
permit  or  privilege. 

Ordinance  in  Plain  Terms. 

Sec.  158.  No  franchise,  permit  or  privilege  or  license 
shall  be  considered  as  granted  by  any  ordinance  except 
when  granted  in  said  ordinance  in  plain  and  unambiguous 
terms,  and  any  and  every  ambiguity  therein  shall  be  con- 
strued in  favor  of  the  City  and  against  the  claimant  under 
such  ordinance. 

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Franchise  Specify  Streets. 

Sec.  159.  All  franchises,  permits  or  privileges  for  rail- 
roads, street  railroads,  suburban  or  interurban  railroads 
hereafter  granted  shall  plainly  specify  on  what  particular 
streets,  alleys,  avenues  or  other  public  property  the  same 
shall  apply,  and  all  other  franchises,  permits  or  privileges 
shall  so  specify  as  far  as  practicable.  No  franchise,  per- 
mit or  privilege  shall  hereafter  be  granted  by  the  City  in 
general  terms  or  to  apply  to  the  City  generally. 

License  Tax. 

Sec.  160.  The  City  shall  have  the  right  to  license  or  tax 
street  cars,  telephones,  gas  meters,  electric  meters,  water 
meters  and  all  other  devices  for  measuring  service;  also 
telephone,  telegraph,  electric  light  and  power  poles,  sub- 
ways, conduits  and  wires.  The  said  license  or  tax  shall  be 
in  addition  to  all  other  law^ful  taxes  levied  thereon  or  upon 
the  property  of  the  holder  thereof. 

Other  Conditions  May  Be  Imposed  by  Council. 

Sec.  161.  Nothing  in  this  Charter  shall  be  construed  as 
prohibiting  the  Council  from  inserting  in  any  ordinance 
granting  any  franchise,  permit  or  privilege  such  other  con- 
ditions or  requirements,  not  inconsistent  with  the  provisions 
of  this  Charter,  as  the  Council  may  desire  to  insert  therein 
or  the  people  may  by  the  initiative  indicate  their  desire  to 
have  so  inserted. 

Franchises  for  Railroads  Other  Than  Street,  Suburban  or 
Interurban  Railroads. 

Sec.  16iy2.  The  Council  may  grant  franchises  for  the 
construction,  maintenance  and  operation  of  railroads  other 
than  street  railroads,  suburban  railroads  or  interurban  rail- 
roads along,  upon,  over,  in,  under  or  across  any  street  or 
streets  or  other  public  place  in  the  City  of  Oakland,  but  only 
in  the  manner  and  upon  the  terms  and  conditions  next  here- 
inafter set  forth,  that  is  to  say : 

The  provisions  of  Sec.  137  relating  to  property  rights  of 
the  City ;  of  Sec.  140  relating  to  applications  for  franchises ; 
of  Sec.  141  relating  to  life  of  franchises ;  of  Sec.  142  relat- 
ing to  beginning  and  completion  of  work ;  of  Sec.  143  relat- 
ing to  service  and  accommodation;  of  Sec.  144  relating  to 
rates  and  charges;  of  Sec.  145  relating  to  right  of  the  City 
to  assume  ownership;  of  Sec.  147  relating  to  conveyances; 
of  Sec.  148  relating  to  leases  and  assignments  of  franchises ; 
of  Sec.  149  relating  to  street  sprinkling,  cleaning  and  pav- 
ing; of  Sec.  152  relating  to  books  of  record  and  reference; 
of  Sec.  154  relating  to  forfeiture  for  non-compliance;  of  Sec. 
155  relating  to  limitations  on  water  front  franchises;    of 

97 


Sec.  156  relating  to  switching  rights;  of  Sec.  157  relating 
to  forfeiture  of  franchises  not  in  use;  of  Sec.  158  relating 
to  terms  of  ordinances;  of  Sec.  159  relating  to  specifica- 
tion of  streets;  and  of  Sec.  161  relating  to  additional  con- 
ditions, shall  apply  to  and  govern  all  franchises,  permits  or 
privileges  granted  for  the  construction  or  maintenance  or 
operation  of  any  railroad,  including  railroads  other  than 
street  railroads,  suburban  railroads  and  interurban  rail- 
roads; and  anything  in  this  Article  to  the  contrary  not- 
withstanding, no  other  section  contained  in  this  Article 
(Article  XX)  shall  apply  to  or  govern  the  granting  of 
franchises,  permits  or  privileges  for  the  construction  or 
maintenance  or  operation  of  railroads  other  than  street 
railroads,  suburban  railroads  or  interurban  railroads. 

Provided,  that  the  appHcation  of  the  provisions  of  said 
section  140  (relating  to  applications  for  franchises)  to  the 
granting  of  franchises,  permits  or  privileges  for  railroads 
other  than  street  railroads,  suburban  or  interurban  rail- 
roads, shall  be  subject  to  this  exception,  that  is  to  say,  that 
instead  of  receiving  bids  for  a  percentage  of  the  gross  an- 
nual receipts  as  provided  for  in  said  Sec.  140,  the  franchise, 
permit  or  privilege  shall  be  awarded  to  the  bidder  offering 
to  pay  to  the  City,  during  the  life  of  the  franchise,  permit 
or  privilege,  the  highest  average  annual  rental,  and  the  ad- 
vertisement shall  so  state,  and  that  in  the  raising  of  bids 
above  the  amount  of  the  highest  sealed  bid  the  first  in- 
creased bid  must  be  at  least  five  per  cent  greater  than  the 
amount  of  the  highest  sealed  bid; 

And  provided  that  in  the  application  to  the  granting  of 
franchises  for  railroads  other  than  street  railroads,  subur- 
ban or  interurban  railroads,  the  provisions  of  said  Sec.  144 
(relating  to  rates  and  charges)  shall  apply  only  to  the  local 
service  of  such  railroads; 

And  provided  that  in  the  application  to  the  granting  of 
franchises  for  railroads  other  than  street  railroads,  subur- 
ban or  interurban  railroads,  the  provisions  of  said  Sec.  145 
(relating  to  rights  of  the  City  to  assume  ownership)  shall 
not  be  construed  as  requiring  such  franchise,  permit  or 
privilege  to  permit  the  City  to  take  over  to  itself  any  of 
the  rolling  stock  or  other  movable  property  of  the  grantee, 
his  successors  or  assigns,  used  in  the  enjoyment  of  such 
franchise,  permit  or  privilege. 

ARTICLE  XXI. 

THE  INITIATIVE. 

Preliminaries  to  Filing  Petition. 

Sec.  162.  The  qualified  electors  of  the  City  shall  have 
power  to  propose  by  petition,  and  to  adopt  at  the  polls  any 

98 


ordinance  which  may  be  enacted  under  this  Charter.  Such 
ordinance  may  be  proposed  by  fihng  with  the  City  Clerk  a 
petition  setting  forth  said  ordinance  in  full,  signed  by  quali- 
fied electors  of  the  City  as  many  in  number  as  hereinafter 
required  of  the  entire  vote  cast  for  all  candidates  for  the 
office  of  Mayor  at  the  last  preceding  General  Municipal 
Election. 

Before  any  petition  for  such  submission  of  a  proposed 
ordinance  shall  be  circulated,  an  affidavit  by  or  on  "behalf 
of  its  proponents  shall  be  filed  with  the  City  Clerk  contain- 
ing the  following:  A  copy  of  the  proposed  ordinance;  a 
statement  in  not  more  than  two  hundred  (200)  words  giving 
the  proponents'  reasons  for  the  adoption  of  such  ordinance; 
a  statement  of  the  intention  to  secure  the  submission  of 
said  ordinance  to  a  vote  of  the  electors  by  an  Initiative  pe- 
tition ;  and  the  address  of  the  party  making  such  affidavit. 
The  Council  shall  have  five  (5)  days  after  the  filing  of  such 
affidavit  in  which  to  formulate  and  send  by  registered  mail 
to  the  address  given  in  such  affidavit  a  statement  in  not 
more  than  two  hundred  (200)  words  of  the  reasons  why 
such  proposed  ordinance  should  not  be  adopted.  These  rea- 
sons for  and  against  the  adoption  of  the  proposed  ordinance 
shall  be  printed  as  a  part  of  each  individual  certificate 
forming  a  part  of  the  petition. 

Form  and  Condition  of  Petition. 

Sec.  163.  The  form  and  conditions  of  the  petition  and 
mode  of  certification  and  verification  shall  be  substantially 
as  follows: 

(Individual  Certificate.) 

PETITION  TO  THE  COUNCIL. 

Requiring  the  Submission  at 

A  SPECIAL  (OR  GENERAL)  MUNICIPAL  ELECTION 

(The  above  heading  must  be  printed  in  type  of  a  24  point 

Roman  face,  caps  and  lower  case.) 

Of  a  Proposed  Ordinance  Entitled: 

(here  insert  title  of  ordinance.) 

PROPONENTS'    REASONS  COUNCIL'S  REASONS 

FOR      ADOPTING      ORDI-  FOR  NOT  ADOPTING 

NANCE:  ORDINANCE: 

(Here  insert  such  reasons.)  (Here  insert  such  reasons) 

I,  the  undersigned,  certify  that  I  hereby  join  in  a  petition 
to  the  Council  requiring  that  it  forthwith  submit  to  the  vote 
of  the  electors  of  the  City  of  Oakland,  at  a  Special  Municipal 
Election  (or  General  Municipal  Election),  that  certain  pro- 
posed ordinance  entitled  (here  insert  title  of  ordinance), 
to  a  copy  of  which  this  certificate  is  attached;  unless  said 
ordinance  be  passed  by  the  Council,  without  alteration, 
when  and  as  provided  in  the  Charter  of  the  City  of  Oakland. 


I  further  certify ;  that  I  have  read  the  above  reasons  for 
and  against  the  adoption  of  said  ordinance  and  am  in  favor 
of  its  adoption;  that  I  am  a  quahfied  elector  of  the  City 
of  Oakland,  State  of  California;  that  I  am  not  at  this  time 
a  signer  of  any  other  like  Certificate;  that  I  reside  at  No. 

Street,  between Street  and 

Street,  in  said  City,  and  that  my 

occupation  is 

(Signed) 

State  of  California,     ) 
County  of  Alameda,   I  ss. 

City  of  Oakland.      ) 

,  being  duly  sworn,  deposes  and  says : 

that  he  is  the  person  who  signed  the  foregoing  certificate 
and  that  the  statements  therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me  this 

day  of ,19 

(Signed) 

Verification  Deputy  (or  Notary  Public). 

The  petition  of  which  this  certificate  forms  a  part  shall, 

if  found  insufficient,  be  returned  to at  No. 

Street,  Oakland,  California. 

The  provisions  of  subdivision  four  (4)  of  Section  seven 
(7)  of  this  Charter,  applying  to  Recall  petitions,  shall 
apply  to  petitions  filed  under  this  Article. 

Fifteen  Per  Cent  Petition. 

Sec.  164.  If  the  petition  accompanying  the  proposed  or- 
dinance be  signed  by  qualified  electors  equal  in  number  to 
fifteen  per  centum  of  the  entire  vote  cast  for  all  candidates 
for  Mayor  at  the  last  preceding  general  municipal  election 
at  which  a  Mayor  was  elected  (provided  that  the  number 
of  signers  to  any  such  petition  shall  not  be  less  than  three 
thousand)  and  contain  a  request  that  said  ordinance  be  sub- 
mitted forthwith  to  the  vote  of  the  people  at  a  special  elec- 
tion, then  either: 

(a)  The  Council  shall  pass  said  ordinance  without  altera- 
tion within  twenty  days  after  the  attachment  of  the  Clerk's 
Certificate  of  Sufficiency  to  the  accompanying  petition ;  or, 

(b)  Within  twenty-five  days  after  the  Clerk  shall  have 
attached  to  the  petition  accompanying  such  ordinance  his 
Certificate  of  Sufficiency,  the  Council  shall  proceed  to  call 
a  Special  election  at  which  such  ordinance,  without  altera- 
tion, shall  be  submitted  to  the  vote  of  the  electors;  unless 
some  General  or  Special  Municipal  Election  occurs  not  earlier 
than  thirty  (30)  days  and  not  later  than  ninety  (90)  days 

100 


after  the  City  Clerk  shall  have  a'ttacKeS*  such  Certificate  of 
Sufficiency,  in  which  latter  event  said  measure  shall  be 
voted  on  at  such  Special  or  General  Municipal  Election. 

Five  Per  Cent  Petition. 

Sec.  165.  If  a  petition  be  signed  by  qualified  electors 
equal  in  number  to  five  per  centum  of  the  entire  vote  cast 
for  all  candidates  for  Mayor  at  the  last  preceding  General 
Municipal  Election  at  which  a  Mayor  was  elected  and  con- 
tain a  request  that  said  ordinance  be  submitted  to  a  vote  of 
the  electors  at  a  General  Municipal  Election,  then  such 
ordinance,  without  alteration,  shall  be  so  submitted  by  the 
Council  at  the  next  General  Municipal  Election  that  shall 
occur  at  any  time  after  twenty  (20)  days  from  the  date  of 
the  attachment  of  the  Certificate  of  Sufficiency  to  the  pe- 
tition accompanying  such  ordinance,  unless  the  Council  shall 
have,  prior  to  the  time  of  calling  such  election,  passed*  such 
ordinance  without  alteration. 

Limitations  on  Petitions. 

Sec.  166.  No  individual  certificate  provided  for  in  this 
Article  shall  be  valid  or  sufficient  unless  the  same  shall 
have  been  signed  within  three  (3)  months  prior  to  the 
presentation  to  the  Clerk  of  the  petition  of  which  it  forms 
a  part.  No  Initiative  petition  requesting  the  submission  of 
an  ordinance  at  a  Special  Municipal  Election,  and  having  an 
insufficient  number  of  signatures  to  require  such  Special 
Election  but  having  the  required  number  for  submission  of 
said  measure  at  a  General  Municipal  Election,  shall  by  vir- 
tue thereof  be  sufficient  to  require  the  submission  of  such 
ordinance  at  a  General  Municipal  Election.  No  initiative 
petition  requesting  the  submission  of  an  ordinance  at  a 
General  Municipal  Election  and  having  a  sufficient  number 
of  signatures  to  have  required  the  submission  of  said  ordi- 
nance at  a  Special  Municipal  Election,  shall,  by  virtue  there- 
of, be  sufficient  to  require  the  calling  of  a  Special  Municipal 
Election. 

Measure  to  Be  Mailed  to  Voters. 

Sec.  167.  Whenever  any  ordinance  is  required,  under  the 
Initiative  or  Referendum  provisions  of  this  Charter  to  be 
submitted  to  the  voters  of  the  City  at  any  election,  the 
Council  shall  cause  the  ordinance  to  be  printed  and  it  shall 
be  the  duty  of  the  City  Clerk  to  enclose  a  printed  copy 
thereof  in  an  envelope  with  a  sample  ballot,  and  mail  the 
same  to  each  voter,  at  least  five  (5)  days  prior  to  the  elec- 
tion. The  Council  may  cause  said  ordinance  to  be  printed 
once  in  the  official  newspaper,  one  week  preceding  the  date 
of  such  election. 

101 


Arguments  tb  BeMaileid  to" Voters. 

Sec.  168.  If  a  proposed  ordinance  be  submitted  upon  an 
Initiative  petition  of  the  qualified  electors,  the  person  filing 
the  affidavit  preliminary  to  the  circulation  of  such  Initia- 
tive petition,  or  the  person  or  organization  on  whose  behalf 
said  affidavit  was  filed,  shall  have  the  right  to  present 
to  the  City  Clerk  at  any  time  twenty-five  (25)  days  prior 
to  said  election,  printed  copies  of  an  argument  favoring  said 
ordinance,  and  said  Council  shall  have  the  right  to  present, 
or  permit  to  be  presented,  to  the  City  Clerk,  within  the 
same  limit  of  time,  printed  copies  of  an  argument  opposing 
said  ordinance.  No  such  argument  shall  exceed  two  thou- 
sand (2000)  words  in  length  and  such  argument  shall  be 
printed  in  such  form  and  upon  such  character  of  paper  suit- 
able for  mailing  as  the  Clerk  shall  prescribe.  The  City  Clerk 
shall  enclose  one  copy  of  each  of  such  arguments  with  the 
sample  ballot  and  copy  of  the  ordinance,  mailed  to  each 
voter,  provided,  he  has  been  furnished  with  printed  copies 
of  such  argument  equal  in  number  to  five  (5)  per  cent  in 
excess  of  the  total  number  of  qualified  electors.  Nothing 
in  this  section  contained  shall  authorize  the  Council  to  ex- 
pend any  money  of  the  city  for  the  formulation  or  printing 
of  any  such  argument. 

Election. 

Sec.  169.  The  ballots  used  when  voting  upon  such  pro- 
posed ordinance  shall  set  forth  in  full  the  title  of  the  pro- 
posed ordinance  and  shall  state  the  general  nature  of  the 
proposed  ordinance  and  shall  contain  the  words,  'Tor  the 
Ordinance"  and  "Against  the  Ordinance."  If  a  majority 
of  the  qualified  electors  voting  on  said  proposed  ordinance 
shall  vote  in  favor  thereof,  such  ordinance  shall  take  effect 
five  (5)  days  after  the  declaration  of  the  official  canvass. 

Several  Ordinances  at  One  Election. 

Sec.  170.  Any  number  of  proposed  ordinances  under  the 
Initiative  and  any  number  of  ordinances  under  the  Referen- 
dum may  be  voted  upon  at  the  same  election,  in  accordance 
with  the  provisions  of  this  Article. 

Limit  to  Special  Elections. 

Sec.  171.    There  shall  not  be  held  under  this  Article  more 
/     than  one  special  election  in  any  period  of  six  months. 

Competing  and  Conflicting  Measures.    Repeal. 

Sec.  172.  When  there  are  two  or  more  ordinances  pro- 
posed to  secure  the  same  general  purpose,  the  Council  shall 
so  declare,  and  shall  have  the  ballot  so  printed  that  the 
voter  (first)  can  choose  between  any  ordinance  or  none, 
and  (secondly)  can  express  his  preference  for  any  one.    If 

102 


a  majority  of  the  votes  on  the  first  question  is  affirmative, 
then  the  ordinance  receiving  the  highest  number  of  votes 
shall  become  law,  and  the  others  shall  fail  of  passage.  In 
case  two  or  more  ordinances  are  tied  for  the  highest  vote, 
they  shall  be  resubmitted  at  the  next  ensuing  General 
Municipal  Election.  If  there  is  a  conflict  between  two  or 
more  ordinances  or  between  two  or  more  Charter  amend- 
ments adopted  at  the  same  election,  then  the  ordinance  or 
Charter  amendment  receiving  the  highest  affirmative  vote 
shall  prevail.  No  ordinance  approved  by  the  electorate  un-  j 
der  the  provisions  of  this  Article  shall  be  amended  or  re-^ 
pealed  except  by  vote  of  the  electorate  unless  such  ordinance 
shall  otherwise  provide. 

Election  is  Mandatory. 

Sec.  173.  If  any  ordinance  proposed  by  petition  or  upon 
which  a  referendum  vote  is  requested  by  petition,  in  accord- 
ance with  the  provisions  of  this  Charter,  be  not  submitted 
to  the  voters  at  or  within  the  time  elsewhere  specified  in 
this  Charter,  such  petition  shall  remain  in  force  until  such 
ordinance  has  been  submitted  to  a  vote,  and  no  bond  issue, 
or  other  ordinance  proposed  by  the  Council  shall  be  sub- 
mitted to  the  voters  unless  at  the  same  election,  or  prior 
thereto,  there  shall  be  submitted  to  the  voters  the  ordinance 
or  ordinances  upon  which  a  vote  is  requested  by  petition, 
if  any  vote  be  so  requested  and  upon  which  a  vote  has  not 
been  taken  at  or  within  the  time  elsewhere  specified  in  this 
Charter.    This  section  is  prohibitory  and  mandatory. 

Charter  Amendments. 

Sec.  174.  The  provisions  of  this  Article,  unless  pro- 
hibited by  the  State  Constitution,  shall  apply  to  the  pro- 
posal, submission,  and  adoption  of  Charter  amendments. 

Substantial  Compliance. 

Sec.  175.  A  substantial  compliance  with  the  provisions  of 
this  Article  shall  be  sufficient  for  the  holding  of  an  election 
hereunder  and  the  approval  or  rejection  of  any  measure 
submitted  thereat. 

Further  Regulations. 

Sec.  176.  The  Council  shall,  by  ordinance,  make  such 
further  regulations  as  may  be  necessary  to  carry  out  the 
provisions  of  this  Article  and  to  adapt  the  provisions  of 
Article  III  thereto. 

ARTICLE  XXII. 
THE  REFERENDUM. 

Public  Utilities. 

Sec.  177.  Every  ordinance  or  other  measure  granting  or 
renewing  a  franchise,  permit  or  privilege  for  the  operation 

103 


of  any  public  utility,  the  franchise,  permit  or  privilege  for 
which  has  expired  or  is  about  to  expire,  or  providing  for 
the  transfer  or  acquirement  in  whole  or  in  part  of  any 
public  utility,  (except  the  lease  of  a  portion  of  a  public 
conduit  or  tunnel)  or  for  the  granting  of  a  franchise  upon 
any  boulevard  as  provided  in  Subdivision  forty-nine  (49)  of 
Section  fifty-one  (51)  of  this  Charter,  must  be  referred 
and  submitted  to  the  vote  of  the  electors  of  the  City  at  the 
election  next  ensuing  not  less  than  sixty  (60)  days  after  the 
adoption  of  such  ordinance  or  other  measure,  and  shall  not 
go  into  effect  until  ratified  by  a  majority  of  the  voters 
voting  thereon. 

Referendum  by  Electors. 

Sec.  178.  No  ordinance  or  other  measure  passed  by  the 
Council  granting  either  any  franchise,  permit  or  privilege 
to  operate,  or  to  be  used  in  connection  with,  any  public 
utility  either  wholly  or  partially  within  or  without  the  City 
of  Oakland,  or  authorizing  the  acquirement,  or  transfer  or 
change  in  the  use  of  any  lands  or  interest  therein,  or 
authorizing  the  lease  or  permission  to  use  a  portion  of  any 
public  conduit  or  tunnel,  shall  go  into  effect  until  the  ex- 
piration of  sixty  (60)  days  from  the  date  it  becomes  final. 
At  the  end  of  such  sixty  (60)  days  such  ordinance,  measure 
or  action  shall  be  in  force  and  effect,  unless  within  such 
period  there  shall  be  filed  with  the  City  Clerk  a  petition 
signed  by  qualified  electors  equal  in  number  to  ten  (10)  per 
cent  of  the  entire  vote  cast  for  all  candidates  for  Mayor 
at  the  last  preceding  General  Municipal  Election,  (provided, 
that  the  number  of  signers  to  any  such  petition  shall  not  be 
less  than  two  thousand)  requesting  that  such  ordinance, 
measure  or  action  be  submitted  to  the  electors.  In  case 
such  petition  is  filed,  such  ordinance,  measure  or  action 
shall  not  go  into  effect  until  approved  by  a  majority  of  the 
voters  voting  thereon  at  a  General  or  Special  Municipal 
Election. 

Referendum  by  Council. 

Sec.  179.  Any  ordinance  which  the  Council  is  empowered 
to  pass  may  be  submitted  by  an  affirmative  vote  of  three 
(3)  of  its  members  at  a  General  Municipal  Election  only, 
subject  to  the  provisions  of  this  Article  so  far  as  applicable. 

Preliminaries  to  Filing  Petition. 

Sec.  180.  Before  any  petition  for  the  submission  of  an 
ordinance  or  other  measure  to  the  referendary  vote  of  the 
electors  shall  be  circulated,  an  affidavit  by  or  on  behalf  of 
its  opponents  shall  be  filed  with  the  City  Clerk  containing 
the  following:  a  copy  of  the  ordinance  or  measure;  a  state- 
ment in  not  more  than  two  hundred  (200)  words  giving  the 

104 


opponents'  reasons  for  the  rejection  of  such  ordinance  or 
measure;  a  statement  of  the  intention  to  secure  the  sub- 
mission of  such  ordinance  or  measure  to  a  vote  of  the  elec- 
tors by  a  Referendary  petition;  and  the  address  of  the 
party  making  such  affidavit.  The  Council  shall  have  five 
(5)  days  after  the  filing  of  such  affidavit  in  which  to  for- 
mulate and  send  by  registered  mail  to  the  address  given 
in  such  affidavit  a  statement  in  not  more  than  two  hun- 
dred (200)  words  of  the  reasons  why  such  ordinance  or 
measure  should  be  adopted.  These  reasons  for  and  against 
the  adoption  of  the  ordinance  or  measure  shall  be  printed 
as  a  part  of  the  individual  certificate  forming  a  part  of  the 
petition. 

Regulations  Covering  Petitions. 

Sec.  181.    The  form  and  conditions  of  the  petition  asking 

that  any  ordinance  or  measure  be  referred  to  the  people 

under  this  Article  shall  be  substantially  as  follows: 

(Individual  Certificate.) 

PETITION  TO  THE  COUNCIL. 

Requiring  the  Submission  at 

A  SPECIAL  (OR  GENERAL)    MUNICIPAL   ELECTION. 

(The  above  heading  must  be  printed  in  type  of  a  24-point 

Roman  face,  caps  and  lower  case.) 

Of  That  Ordinance  or  Measure  Entitled: 

(Here  insert  title  of  ordinance  or  measure.) 

OPPONENTS'       REASONS  COUNCIL'S  REASONS 

AGAINST  ADOPTING  OR-  P^OR    ADOPTING    ORDIN- 

DINANCE       (OR      MEAS-  ANCE   (OR  MEASURE) : 

URE) :  (Here  insert  such  reasons.) 
(Here  insert  such  reasons.) 

I,  the  undersigned,  certify  that  I  hereby  join  in  a  petition 
to  the  Council  requiring  that  it  forthwith  submit,  as  pro- 
vided in  the  Charter  of  Oakland,  to  the  vote  of  the  electors 
of  the  City  of  Oakland,  at  a  Special  Municipal  Election 
(or  General  Municipal  Election),  that  certain  ordinance 
(or  measure)  entitled  (here  insert  title  of  ordinance  or 
measure),  to  a  copy  of  which  this  certificate  is  attached, 
passed  by  the  Council  on  the day  of 

,  19 

I  further  certify:  That  I  have  read  the  above  reasons 
for  and  against  the  adoption  of  said  ordinance  (or  meas- 
ure), and  am  against  its  adoption;  that  I  am  a  qualified 
elector  of  the  City  of  Oakland,  State  of  California;  that  I 
am  not  at  this  time  a  signer  of  any  other  like  certificate; 

that  I  reside  at  No Street,  between 

Street  and Street,  in 

said  City,  and  that  my  occupation  is 

(Signed) 

105 


state  of  California, 
County  of  Alameda,    }  ss. 

City  of  Oakland. 

,  being  duly  sworn,  deposes  and  says : 

that  he  is  the  person  who  signed  the  foregoing  certificate 
and  that  the  statements  therein  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to  before  me  this 

day  of ,  19.... 

(Signed) 

Verification  Deputy  (or  Notary  Public.) 

The  petition  of  which  this  certificate  forms  a  part  shall, 

if  found  insufficient,  be  returned  to ^ at 

No Street,  Oakland,  California. 

The  provisions  of  subdivision  four  (4)  of  Section  seven 
(7)  of  this  Charter,  applying  to  Recall  petitions,  shall  apply 
to  petitions  filed  under  this  Article. 

Arguments  to  Be  Mailed  to  Voters. 

Sec.  182.  If  an  ordinance  (or  measure)  be  submitted  to 
the  vote  of  the  electors  by  referendary  petition,  the  person 
filing  the  affidavit  preliminary  to  the  circulation  of  such 
referendary  petition,  or  the  person  or  organization  on  whose 
behalf  said  affidavit  was  filed  shall  have  the  right  to  pre- 
sent to  the  City  Clerk,  at  any  time  twenty-five  (25)  days 
prior  to  said  election,  printed  copies  of  an  argument  oppos- 
ing said  ordinance  (or  measure),  and  the  Council  shall  have 
the  right  to  present  or  to  permit  to  be  presented  to  the  City 
Clerk,  within  the  same  limit  of  time  printed'  copies  of  an 
argument  favoring  said  ordinance  or  measure.  No  such 
argument  shall  exceed  two  thousand  (2000)  words  in  length, 
and  such  argument  shall  be  printed  in  such  form  and  upon 
such  character  of  paper  suitable  for  mailing  as  the  Clerk 
shall  prescribe.  The  City  Clerk  shall  enclose  one  copy  of 
each  of  such  arguments  with  the  sample  ballot  and  copy  of 
the  ordinance  or  measure,  mailed  to  each  voter,  provided 
he  has  been  furnished  with  printed  copies  of  such  argu- 
ment equal  to  five  (5)  per  cent  in  excess  of  the  total  num- 
ber of  qualified  electors.  Nothing  in  this  section  contained 
shall  authorize  the  Council  to  expend  any  money  of  the 
City  for  the  formulation  or  printing  of  any  such  argument. 

Time  of  Election. 

Sec.  183.  If  a  petition  be  filed  more  than  thirty  days  and 
less  than  ninety  days  prior  to  a  general  election  the  ordi- 
nance or  measure  shall  be  submitted  at  such  general  elec- 
tion. Otherwise  it  shall  be  submitted  at  the  next  general 
election  or  at  a  special  election  called  prior  thereto,  as  the 
Council  shall  decide. 

106 


Elections — How  Conducted. 

Sec.  184.  Sections  one  hundred  sixty-seven  (167),  one 
hundred  sixty-nine  (169),  one  hundred  seventy  (170)  and 
one  hundred  seventy-five  (175)  of  this  Charter  applying  to 
the  Initiative,  shall  govern  elections  held  under  the  author- 
ity of  this  Article,  so  far  as  applicable. 

Majority  Vote. 

Sec.  185.  If  a  majority  of  the  votes  cast  on  any  ordinance 
or  measure  so  referred  to  the  electors,  as  herein  provided, 
shall  be  in  favor  thereof,  it  shall  go  into  effect  five  (5)  days 
after  the  declaration  of  the  official  canvass;  otherwise  it 
shall  be  repealed  and  rejected. 

Further  Regulations. 

Sec.  186.  The  Council  shall,  by  ordinance,  make  such 
further  regulations  as  may  be  necessary  to  carry  out  the 
provisions  of  this  Article  and  to  adapt  the  provisions  of 
Article  III  thereto. 

ARTICLE  XXIII. 

THE   PUBLIC   SCHOOLS. 

The  Board  of  Education. 

Sec.  187.  The  Board  of  Education  shall  have  entire  con- 
trol and  management  of  the  public  schools  in  the  city,  in 
accordance  with  the  Constitution,  general  laws  of  the  State 
and  provisions  of  this  Charter,  and  said  Board  is  hereby 
vested  with  all  the  powers  and  charged  with  all  the  duties 
provided  by  this  Charter  and  by  the  general  laws  of  the 
State  for  City  Boards  of  Education.  The  Board  of  Educa- 
tion shall  have  power  to  purchase  land  for  educational  pur- 
poses, subject  to  the  approval  by  ordinance  of  the  Council, 
and  to  construct  school  buildings  and  additions  thereto,  in 
the  method  prescribed  by  this  Charter. 

Plans  for  School  Buildings. 

Sec.  188.  When  funds  for  the  construction  of  school 
buildings  or  additions  thereto  have  been  raised  by  the  mu- 
nicipality, the  Board  of  Education  must,  and  when  such 
funds  have  been  raised  otherwise  the  Board  of  Education 
may  make  requisition  upon  the  Commissioner  of  Public 
Works  for  plans  and  specifications  and  estimates  for  a  new 
school  building,  or  for  any  addition  to  school  buildings  or 
a  school  building,  specifying  the  location  thereof,  the  num- 
ber of  class  rooms  needed,  the  date  on  which  the  work 
should  be  completed,  the  amount  of  money  in  the  school 
fund  available  for  the  purpose,  giving  in  detail  the  size  of 
the  class  rooms,  the  type  of  the  building,  the  number  and 

107 


width  of  the  stairways  of  the  building,  and  such  other  in- 
formation as  will  enable  the  said  Commissioner  of  Public 
Works  to  prepare  the  necessary  plans  and  specifications 
and  estimates  for  the  cost  of  the  said  building  or  buildings 
or  additions. 

Construction  of  School  Buildings. 

Sec.  189.  The  said  Commissioner  of  Public  Works  shall  i 
within  ninety  days  after  the  receipt  of  said  requisition  sub-  | 
mit  in  duplicate  to  the  Board  of  Education  such  plans  and 
specifications  and  estimates.  The  Board  of  Education  shall 
approve,  reject,  or  return  the  same  to  the  said  Commis- 
sioner of  Public  Works  for  amendments.  When  the  plans 
shall  have  finally  been  approved  by  the  Board  of  Education, 
the  date  of  approval  shall  be  endorsed  on  each  duplicate  by 
the  president  and  secretary  of  the  Board,  and  thereupon 
one  of  the  said  duplicates  shall  be  filed  in  the  office  of  the 
Board  of  Education,  and  the  other  shall  be  returned  to  the 
said  Commissioner  of  Public  Works.  The  Board  of  Educa- 
tion shall  then  proceed  to  contract  for  the  construction 
of  such  building,  in  the  manner  provided  for  making  con- 
tracts for  the  construction  of  other  public  buildings  in 
Article  XIX  of  this  Charter.  The  construction  of  every 
such  school  building  shall  be  under  the  immediate  super- 
vision of  the  Commissioner  of  Public  Works.  No  change 
shall  be  made  in  the  plans  and  specifications  without  the 
written  consent  of  said  Commissioner  of  Public  Works 
and  the  Board  of  Education.  A  copy  of  such  changes  shall 
be  certified  to  and  shall  be  attached  to  the  original  plans 
and  specifications  and  original  contract.  When  the  funds  ' 
for  the  construction  of  such  building,  or  addition  thereto, 
have  been  raised  by  the  municipality,  the  provisions  of  this 
section  shall  be  mandatory. 

Meetings  to  Be  Public. 

Sec.  190.  All  meetings  of  the  Board  of  Education  shall 
be  public. 

Superintendent  of  Schools. 

Sec.  191.  The  Board  of  Education  shall  appoint  a  Superin- 
tendent of  Schools,  fix  his  compensation  and  prescribe  his 
powers  and  duties. 

Tenure  of  Teachers. 

Sec.  192.  Every  person  employed  as  a  regular  teacher 
by  the  School  Department  shall  be  considered  re-elected 
for  the  ensuing  fiscal  year  unless  at  least  two  months  be- 
fore the  beginning  of  such  fiscal  year  he  or  she  is  notified 
in  writing,  by  authority  of  the  Board  of  Education,  that  it 
is  expected  that  his  or  her  services  will  not  be  required  for 

108 


the  ensuing  fiscal  year.  Such  notice  shall  be  deemed  given 
when  placed  in  a  sealed  envelope  and  sent  by  registered 
mail  to  the  teacher  affected  at  his  or  her  last  known  place 
of  residence,  as  it  appears  from  the  records  of  the  Depart- 
ment. 

School  Warrants. 

Sec.  193.  Every  claim  payable  out  of  the  School  Fund 
shall  be  filed  with  the  Secretary  of  the  Board  of  Education, 
and  after  it  shall  have  been  approved  by  the  Board  a  cer- 
tificate of  such  approval  shall  be  endorsed  thereon,  signed 
by  the  President  and  Secretary,  and  a  warrant  upon  the 
School  Fund  shall  be  issued  thereon  for  the  payment  of  such 
claim.  Said  warrant  shall  be  signed  by  the  President  and 
countersigned  by  the  Secretary  and  shall  specify  the  pur- 
pose for  which  it  is  drawn  and  receive  the  approval  of  the 
Auditor  as  provided  in  this  Charter. 

Annual  Estimate  of  Expenses. 

Sec.  194.  The  Board  of  Education  shall  annually,  at  the 
time  fixed  by  section  one  hundred  fourteen  (114)  of  this 
Charter,  submit  in  writing  to  the  Council,  a  careful  esti- 
mate of  the  amount  of  money  to  be  received  from  any  and 
all  sources  whatsoever,  other  than  the  City,  for  the  sup- 
port of  the  public  schools  in  the  City  (separate  estimates  to 
be  made  for  the  grammar  and  primary  schools  and  for  the 
high  schools),  together  with  a  careful  estimate  of  the 
amounts,  specifying  in  detail  the  objects  thereof,  required 
from  the  City  for  the  adequate  support  of  the  public  schools 
for  the  ensuing  year;  and  a  careful  estimate  of  the  amount 
of  money,  if  any,  required  for  the  purchase  of  land  for  edu- 
cational purposes,  or  for  the  construction  of  permanent 
school  buildings,  or  permanent  additions  thereto,  specifying 
in  detail  the  uses  to  be  made  of  such  moneys. 

ARTICLE  XXIV. 

MISCELLANEOUS. 

When  This  Charter  Takes  Effect. 

Sec.  195.  For  the  purpose  of  nominating  candidates  and 
electing  Mayor,  Auditor,  who  shall  be  ex-officio  Assessor, 
Commissioners  and  School  Directors,  in  accordance  with 
this  Charter,  this  Charter  shall  take  effect  from  the  time  of 
the  approval  of  the  same  by  the  Legislature;  for  all  other 
purposes  it  shall  take  effect  on  the  first  day  of  July,  1911. 

First  Election  Under  This  Charter. 

Sec.  196.  The  City  Council  of  the  City  of  Oakland  in 
office  at  the  time  this  Charter  is  approved  by  the  Legisla- 
ture shall  provide  for  the  holding  of  the  first  election    of 

109 


officers  under  this  Charter,  shall  canvass  the  votes,  declare 
the  result  and  approve  the  bonds  of  all  officers  elected  at 
such  election. 

Terms  of  Incumbents  in  Office. 

Sec.  197.  The  members  of  the  Council,  the  members  of 
the  Board  of  Education,  the  Mayor,  the  Auditor  and  Ex- 
Officio  Assessor,  the  City  Attorney,  the  City  Engineer,  the 
City  Treasurer,  the  members  of  the  Board  of  Public  Works 
and  the  members  of  the  Board  of  Commissioners  of  the  Po- 
lice and  Fire  Departments,  in  office  at  the  time  of  the  ap- 
proval of  this  Charter  by  the  Legislature  shall  continue  to 
hold  office  and  discharge  their  duties  until  the  election  and 
qualification  of  the  Mayor,  Auditor  and  Ex-Officio  Assessor, 
Commissioners  and  School  Directors,  respectively,  first 
elected  under  this  Charter. 

Except  when  in  this  Charter  otherwise  provided,  the  term 
of  each  and  all  the  other  elective  officers  in  office  at  the 
time  this  Charter  takes  effect  shall  cease  and  terminate 
when  the  Council  first  elected  hereunder  shall  by  resolution 
so  declare. 

Existing  Ordinances  Continued  in  Force. 

Sec.  198.  All  lawful  City  ordinances,  resolutions  and 
regulations  in  force  at  the  time  this  Charter  takes  effect 
and  not  inconsistent  with  the  provisions  thereof  are  hereby 
continued  in  force  until  the  same  shall  be  duly  amended  or 
repealed. 

Judicial  Power. 

Sec.  199.  The  judicial  power  of  the  City  shall  be  vested 
in  a  Police  Court  and  in  such  Justices  Courts  as  are  or  may 
be  provided  for  by  law,  and  the  existing  Police  Court  of 
the  City  shall  continue  as  it  now  exists  until  otherwise 
provided  by  law. 

Said  Police  Court  shall  have  exclusive  jurisdiction  of  all 
misdemeanors  punishable  by  fine  or  imprisonment  or  by 
both  said  fine  and  imprisonment,  committed  in  the  City 
where  such  Police  Court  is  held;  and  in  all  such  cases  to 
hear,  try  and  determine  the  same,  convict  or  acquit,  pass 
and  enter  judgment  and  carry  such  judgment  into  execu- 
tion as  the  case  may  require,  according  to  law.  Said  Police 
Court  shall  also  have  exclusive  jurisdiction  of  all  proceed- 
ings for  violation  of  any  and  all  ordinances  of  said  City, 
both  civil  and  criminal,  and  of  all  actions  for  the  collection 
of  any  licenses  required  by  the  ordinances  of  said  City. 

All  proceedings  in  said  Police  Court  in  behalf  of  the 
People,  whether  for  the  violation  of  any  statute  of  the  State 
or  ordinance  of  the  City,  shall  be  prosecuted  by  a  Deputy 

110 


District  Attorney  of  this  County  as  is  now  provided  for 
by  law. 

.  The  Chief  of  Police  shall  designate  one  or  more  police- 
men who  shall  always  attend  on  the  Police  Court  and  act 
as  bailiffs  therein. 

Premium  on  Official  Bonds. 

Sec.  200.  The  premium  or  charge  for  all  official  bonds 
required  of  elective  officers,  of  all  officers  whose  bonds  are 
fixed  by  the  Charter,  and  of  all  officers  and  employees  of 
the  City,  or  of  any  Board  thereof,  of  whom  official  bonds  in 
specified  amounts  shall  be  required  with  approval  of  the 
Council,  shall  be  paid  by  the  City;  provided,  however,  that 
no  premium  or  charge  for  such  bond  shall  exceed  one-half 
of  one  per  centum  per  annum  on  the  amount  thereof. 

Streets. 

Sec.  201.  The  word  "streets"  when  used  in  this  Charter 
includes  streets,  highways,  lanes,  alleys,  courts  and  public 
places. 

Qualified  Elector  Defined. 

Sec.  202.  A  "qualified  elector"  for  the  purposes  of  peti- 
tions for  Nomination,  Initiative,  Referendum  and  Recall 
under  the  provisions  of  this  Charter,  is  any  voter  whose 
name  appears  on  such  Great  Register  of  Alameda  County 
or  any  supplement  thereto  as  is  then  allowed  by  general 
law  to  be  used  to  determine  the  eligibility  of  person  to  vote 
at  municipal  elections  in  the  City,  and  whose  address  ap- 
pearing on  such  Great  Register  or  supplement  is  in  the 
same  precinct  as  the  address  given  by  him  on  the  Certifi- 
cate signed  by  him  and  forming  part  of  such  petition. 

Attention  to  Duties. 

Sec.  203.  All  persons  holding  any  office  or  employment 
under  the  City,  whether  elective  or  appointive,  shall  be 
required  to  engage  in  the  actual  work  of  the  office  or  em- 
ployment so  held  to  the  extent  that  their  services  may  be 
necessary  for  tl^e  full  and  complete  discharge  of  the  duties 
of  such  office  or  emplojrment,  and  a  failure  so  to  do  shall  be 
ground  for  removal.  The  Council  shall  by  ordinance  fix  the 
office  hours  of  all  chief  officials,  clerks,  assistants  and  office 
employees,  and  the  hours  of  labor  of  all  other  employees. 

Sec.  204.  All  appointments  of  officers,  deputies,  clerks 
and  other  employees  to  be  made  under  any  of  the  pro- 
visions of  this  Charter,  must  be  made  in  writing  and  in 
duplicate,  authenticated  by  the  person  or  persons.  Council, 
Board  or  officer  making  the  same.  One  of  such  duplicates 
must  be  filed  with  the  Secretary  of  the  Civil  Service  Board 
and  the  other  with  the  Auditor. 

Ill 


Regarding  Certain  Provisions  in  Charters  of  Cities    Con- 
solidated or  Annexed. 

Sec.  205.  Whenever,  under  the  terms  of  this  Charter  as 
adopted,  or  as  hereafter  amended,  or  under  the  provisions 
of  the  constitution  or  of  the  general  laws  of  the  State  of 
California,  any  incorporated  city  or  town  shall  be  consoli- 
dated with  or  annexed  to  the  City  of  Oakland,  and  the 
charter  of  such  incorporated  city  or  town  shall  contain 
therein  any  provision  or  provisions  restricting,  prohibiting 
or  regulation  of  the  sale  of  any  spirituous,  malt,  vinous  or 
alcohoHc  liquors,  within  the  boundaries  of  such  city  or  town 
so  consolidated  with  or  annexed  to  the  City  of  Oakland,  such 
provision  or  provisions  of  the  Charter  of  such  city  or  town 
so  consolidated  with  or  annexed  to  the  City  of  Oakland 
shall,  upon  such  consolidation  or  annexation  becoming  ef- 
fective, be  and  thereby  become  an  integral  part  of  and  take 
place  as  a  subdivision  of  the  Charter  of  the  City  of  Oak- 
land, but  only  for  the  purposes  in  this  section  specified,  and 
shall  operate  and  be  of  full  force  and  effect  in  the  territory 
of  such  city  or  town  so  consolidated  with  or  annexed  to  the 
City  of  Oakland,  and  shall  govern  as  to  the  restricting,  pro- 
hibiting or  regulating  the  sale  of  spirituous,  malt,  vinous  or 
alcoholic  liquors  within  such  territory.  No  such  provision 
or  provisions  shall  be  altered  or  repealed  except  by  a  ma- 
jority of  the  electors  within  such  territory. 

CERTIFICATE. 

WHEREAS,  The  City  of  Oakland,  a  city  containing  a 
population  of  more  than  one  hundred  thousand  (100,000) 
and  less  than  two  hundred  thousand  (200,000)  inhabitants, 
on  the  sixth  day  of  July,  1910,  at  a  special  election  and 
under  and  in  accordance  with  the  provisions  of  Section 
Eight  (8),  Article  XI,  of  the  Constitution  of  the  State  of 
California,  did  elect  R.  H.  Chamberlain,  William  C.  Clark, 
I.  H.  Clay,  Charles  H.  Daly,  George  W.  Domin,  Albert  H. 
ElHot,  Raymond  B.  Felton,  John  Forrest,  Richard  M. 
Hamb,  Hugh  Hogan,  Albert  Kayser,  John  J.  McDonald, 
George  C.  Pardee,  Harrison  S.  Robinson  anti  Fred  L.  Shaw, 
a  Board  of  fifteen  (15)  Freeholders  to  prepare  and  propose 
a  Charter  for  said  City; 

BE  IT  KNOWN,  That  in  pursuance  of  said  provisions  of 
the  Constitution,  and  within  a  period  of  ninety  days  after 
said  election,  said  Board  of  Freeholders  has  prepared  and 
does  propose  the  foregoing  as  and  for  the  Charter  of  the 
City  of  Oakland,  and  that  in  submitting  and  proposing  such 
Charter,  the  Board  of  Freeholders,  pursuant  to  said  pro- 
visions of  the  Constitution,  also  presents  therewith  for  the 
choice  of  the  voters,  and  to  be  voted  on  separately  without 

112 


prejudice  to  the  other  provisions  contained  in  the  Charter, 
an  alternative  proposition  hereinafter  stated. 

Said  alternative  proposition  shall  if  approved  by  the 
voters  take  the  place  of  Subdivision  Thirty-One  (31)  of 
Section  Fifty-one  (51),  Article  IX,  of  the  proposed  Charter, 
which  reads  as  follows: 

"To  license  for  purposes  of  regulation  or  revenue  all  and 
every  kind  of  business  not  prohibited  by  law;  to  fix  the 
rates  of  licenses  upon  the  same,  and  to  provide  for  the  col- 
lection thereof  by  suit  or  otherwise;  provided,  however,  that 
no  such  license  shall  be  granted  for  the  sale  or  giving  aw^ay 
of  spirituous,  malt,  vinous  or  alcoholic  liquors  in  a  saloon 
or  public  bar  located  within  three  hundred  (300)  feet  of 
any  church  building  or  synagogue  in  use  as  a  place  of  pub- 
lic worship,  public  school  or  public  library;  but  such  prohi- 
bition as  to  location  shall  not  apply  to  the  renewal  of  any 
such  license  which  was  in  force  September  first,  1910,  and 
which  continues  in  force  until  this  Charter  goes  into  effect." 

Said  alternative  proposition  shall  be  submitted  to  the 
voters  for  their  approval  or  rejection  at  the  same  election 
at  which  the  Charter  shall  be  submitted,  and  upon  the  bal- 
lots shall  be  printed:  "Shall  the  alternative  proposition 
prohibiting  the  sale  of  liauor  in  residential  districts  take 
the  place  of  Subdivision  Thirty-one  (31)  of  Section  Fifty- 
one  (51),  Article  IX?" 

Said  alternative  proposition  is  as  follows : 

ALTERNATIVE  PROPOSITION. 

(31)  To  license  for  purposes  of  regulation  or  revenue 
all  and  every  kind  of  business  not  prohibited  by  law;  to  fix 
the  rates  of  licenses  upon  the  same,  and  to  provide  for  the 
collection  thereof  by  suit  or  otherwise;  provided,  however, 
that  no  such  license  shall  be  granted  for  the  sale  or  giving 
away  of  spirituous,  malt,  vinous  or  alcoholic  liquors  in  a 
saloon  or  public  bar  located  withm  three  hundred  (300) 
feet  of  any  church  building  or  synagoeue  in  use  as  a  place 
of  public  worship,  public  school  or  public  library;  but  such 
.prohibition  as  to  location  shall  not  apnly  to  the  renew^al  of 
any  such  license  which  w^as  in  force  September  first,  1910, 
and  which  continues  in  force  until  this  Charter  e:oes  into 
effect;  and  provided,  however,  that  the  Council  shall  have 
no  powder  to  license  any  saloon,  bar,  or  other  place  wherein 
mav  be  sold,  to  be  drunk  on  the  premises,  any  spirituous, 
malt,  vinous,  or  alcoholic  liquors  in  residential  districts  of 
the  City,  that  is  to  sav,  in  any  place  within  a  radius  of 
three  hundred  (300)  feet  of  which  there  are  more  resi- 
dences than  business  houses ;  and  every  person,  who,  within 
any  such  residential  or  other  restricted  district,  so  sells. 


barters,  gives  away  in  lieu  of  selling,  or  exposes  for  sale  any 
such  liquors,  shall  be  deemed  guilty  of  a  misdemeanor;  all 
provided  that  the  Council  may,  under  such  regulations  as  it 
may  adopt,  authorize  within  as  well  as  without  such  dis- 
tricts, the  sale  of  such  liquors  by  any  regularly  licensed 
druggist  for  medicinal  purposes  upon  the  written  prescrip- 
tion of  a  practicing  physician  entitled  to  practice  medicine 
under  the  laws  of  the  State  of  California,  or  the  sale  of  such 
liquors  for  chemical,  mechanical  or  scientific  purposes. 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our 
hands  in  duplicate  this  third  day  of  October,  one  thousand 
nine  hundred  and  ten. 

R.  H.  CHAMBERLAIN 
WILLIAM  C.  CLARK 
I.  H.  CLAY 
CHARLES  H.  DALY 
ALBERT  H.  ELLIOT 
RAYMOND  B.  FELTON 
JOHN  FORREST 
RICHARD  M.  HAMB 
HUGH  HOGAN 
ALBERT  KAYSER 

JOHN  J.  McDonald 

GEORGE  C.  PARDEE 
HARRISON  S.  ROBINSON 
FRED  L.  SHAW 

Attest:  ICJ 

HARRY  A.  ENCELL, 

Secretary. 


114 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 

STAMPED  BELOW 

AN     INITIAL     FINE     OF     25     CENTS 

WILL   BE   ASSESSED    FOR    FAILURE   TO    RETURN 

THIS    BOOK   ON    THE   DATE   DUE.     THE   PENALTY 

WILL  INCREASE  TO   SO  CENTS  ON  THE  FOURTH 

DAY     AND     TO     $1.00     ON     THE     SEVENTH     DAY 

OVERDUE. 

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UNIVERSITY  OF  CALIFORNIA  UBRARY 


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